What is a Chapter 13?
What
is a Chapter 13? - There are several types of bankruptcy. We
have all heard about the huge Chapter 11 cases of Enron and
WorldCom or United Airlines. Chapter 11 is generally reserved
for the 'rehabilitation' of businesses. A Chapter 13 case is
a similar proceeding for families. Instead of discharging
your debts without payment, you may propose a plan to repay your
creditors over time. Your repayment plan can be for only a
percentage of what you owe paid over a number of years. This
is not without serious cost. The Court-appointed Trustee will
criticize your budget to maximize your payments to creditors and
will charge you a 'service charge' of 10% of all payments.
The payment plan will last from 3 to 5 years based on your ability
to pay. As a result, these types of bankruptcy are better
reserved for cases when the goal is to pay mortgage arrearages in
the face of a foreclosure. However, Congress now requires
individuals to file Chapter 13 if they make more than the median
income for your area.

