Posted On: August 16, 2010 by Scott Sagaria

Chapter 13 Bankruptcy Overview

A San Jose bankruptcy attorney provides a Chapter 13 Bankruptcy Overview

A Chapter 13 Bankruptcy is also known as “Reorganization.” It is essentially a repayment plan. In order to qualify for a Chapter 13 bankruptcy, you must have a regular, steady flow of income. The Court will only confirm your Chapter 13 Plan if your plan is feasible. (In other words, the court will only confirm your Chapter 13 plan if you can show that you have enough income to make your Chapter 13 plan payments.)

Time Frame of the Chapter 13 Plan: Three (3) to Five (5) Years

A General Overview of Chapter 13 Plan Payments:

1. Secured Debt: All secured debt must be paid off in full over the term of your plan if you wish to keep the property which secures the loan.

2. Priority Debt: All priority debts must be paid off in full. These are things which the government considers a high priority (such as debts owed to the IRS, and child support arrears.)

3. Unsecured Debts. Unlike the first two types of debt, unsecured creditors are not entitled to being paid off in full. Payments to the unsecured creditors are dependent upon how much property you own and how much income you make. You should consult with an attorney in order to get a better understanding of what your particular Chapter 13 plan payments may look like.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

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