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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:
- 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.
- The court reviews and determines whether the plan meets the requirements
for confirmation of the plan.
- After confirmation, the debtor makes the payments called for by
the plan.
- The debtor receives a discharge.
- 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.
Disclaimer
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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Case
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Robert
C. Furr |
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Charles I. Cohen |
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Alvin S. Goldstein |
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Marc P. Barmat |
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Alan R. Crane |
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