Chapter 13 Law
 
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   Charles I. Cohen
   Alvin S. Goldstein
   Marc P. Barmat
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Chapter 13 is often used by individuals who want to catch up past due mortgage or car loan payments and keep their assets. Generally, in Chapter 13, the debtor retains his or her property and prepares a plan proposing payments to creditors. The main advantage of Chapter 13 is that the debtor is allowed to keep his or her property while a court approved repayment plan is in effect. However, only individuals with less than $100,000.00 in unsecured debts and less than $350,000 in secured debts are eligible to file a Chapter 13 bankruptcy. Furthermore, corporations and partnerships cannot file Chapter 13 bankruptcy. Finally, the debtor must have a job or prove to the court that he or she has the ability to earn a stable income.

A Chapter 13 case has five stages:

  1. An individual debtor files a petition. Only the debtor can file a Chapter 13 petition. The debtor files a plan providing for payments to creditors. The code does not require that the plan provide for full payment to creditors; however, the plan must provide creditors the same amount of money in which they would receive in a Chapter 7 liquidation proceeding.

  2. The court reviews and determines whether the plan meets the requirements for confirmation of the plan.

  3. After confirmation, the debtor makes the payments called for by the plan.

  4. The debtor receives a discharge.

  5. Finally, one of the key advantages of filing a Chapter 13 is that the debtor can pay most non-dischargeable federal taxes over the term of the Chapter 13 plan without interest.
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To receive more information, you can contact The Florida Bar Association at The Florida Bar, 650 Apalachee Parkway, Tallahassee, Florida, 32399-2300.

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Robert C. Furr
Charles I. Cohen
Alvin S. Goldstein
Marc P. Barmat
Alan R. Crane