If you are facing debt problems then whether to use any common debt relief method or to go for bankruptcy, Chapter 7 or Chapter 13 depends upon you. Here at Bankruptcy HQ you will be able to find sufficient information on Chapter 13 bankruptcy, which along with your circumstances, the kind of debt you owe and your current income will help you decide whether Chapter 13 bankruptcy is suitable for you.
What are the situations in which Chapter 13 bankruptcy is most useful?
If you are behind on payment when it comes to your secured debts, it may lead to repossession or foreclosure. Chapter 13 helps you to catch up on your debt payments while keeping the possession of your properties.
If you have tax debts which is not possible to be discharged in a Chapter 7 bankruptcy case then you can use Chapter 13. These non-dischargeable debts can be included in the repayment plan of Chapter 13 and you can pay them over time.
If you own quite some non-exempt property which you would like to keep then Chapter 13 is your best bet. In a Chapter 7 bankruptcy case, most or all of your non-exempt properties can be liquidated and sold to pay back as many creditors as possible. However, in a repayment plan in Chapter 13 you can keep all your property while you are making scheduled payments.
If you have filed for Chapter 7 bankruptcy within the last 8 years and thus you are not eligible to file for Chapter 7.
If you want to protect your co-signers on certain debts, then you should go for Chapter 13. If you file a Chapter 7, your co-signer will remain liable for that debt even if it had been discharged from your account. However, in a Chapter 13 repayment your co-signer is protected as long as you keep paying for the debts.
If you have to pay back your student loans. Since student loans are not dischargeable, it is better to pay them back with a chapter 13 repayment plan.
If you face any or all of the above situations then you can go for Chapter 13. You are eligible for a Chapter 13 only if you have regular source of income, have enough disposable income to make regular payments and fall within pre-set limits for secured and unsecured debts.