The current global financial crisis caught many Americans unprepared for a downturn of the scale that has happened. As a consequence, many Americans found themselves in a situation where their financial liabilities far outpaced their income. The tightening of the credit markets in response to the current crisis inevitably led to a radical increase in the number of bankruptcies filed in the United States.
Many people considering filing for bankruptcy think of the more traditional Chapter 7 bankruptcy procedure first. This typically involves the wholesale liquidation of the petitioners assets, although there are some items that are not included. Most unsecured debts, like credit card debt and medical bills, are discharged. Today, the United States Trustee who oversees Chapter 7 bankruptcies also imposes a strict means test, which may deny Chapter 7 relief to persons with income such that the bankruptcy claim appears to be abusive.
Chapter 13 bankruptcy, or reorganization bankruptcy, is an alternative to Chapter 7. Chapter 13 bankruptcy reorganizes the petitioners monies so that debts can eventually be repaid. People who have nonexempt assets or properties they wish to keep find a Chapter 13 to be a useful option to a Chapter 7 that would require those assets to be liquidated. This is also a good choice for people that have a predictable income and would be able to pay off their debts if a restructuring and rescheduling took place. Under a Chapter 13 bankruptcy third parties are protected; a co-signer or spouse would have special protection. While a Chapter 7 discharges debts and liquidates assets in a matter of months, the reorganization plan that a Chapter 13 creates will be in effect for three to five years.
There are certain requirements to be met before filing for Chapter 13 reorganization. There are dollar restrictions on the amount of debt that can be restricted; more than $336,900 in unsecured debt or $1,010,650 in secured debt will disqualify a petitioner from filing a Chapter 13. The debtor must show that he or she will have a reliable income that will remain steady throughout the reorganization period. This income must be enough that once required living expenses are deducted there will be enough money to begin paying the debt down in a significant way.
Along with the above restrictions, stockbrokers and commodity brokers are not permitted to petition for Chapter 13 protection, for business or personal finances. However, most people will qualify in spite of the basic restrictions involved.
In general, the Chapter 13 filing process is complex and requires the assistance of a professional. Due to the nature of the process, most professionals will expect payment upfront before they take on a client. This means that if a debtor is considering a Chapter 13 filing, it is recommended that they do so before the situation becomes too desperate. Chapter 13 bankruptcy can be ideal for indebted professionals and others with a good chance of being successful in the future, but it requires strict discipline and must be taken very seriously to be effective.
Wendy Polisi is the founder of Credit Repair College and Finance the Dream. Credit Repair College empowers people to take control of their financial future by learning everything they need to know to repair credit on their own. For more information on credit repair please visit them on the web. Finance the Dream offers rent to own houses throughout the United States.