Chapter 13 Bankruptcy: A Matter of Definition

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Countrywide Settles Lending Suit in pennsylvania countrywide home Loans agrees to pay $325,000 to the Chapter 13 bankruptcy trustee in Pittsburgh, settling a matter in which the lender was accused of.

Chapter 13 refers to a U.S. bankruptcy proceeding in which the debtor undertakes a reorganization of his or her finances under the supervision and approval of the courts.

Chapter 13 "Debtor in Possession" Bankruptcy. In order to be confirmed by the court, the debtor must prove sufficient income to support a 3-5 year plan wherein payments on secured debt such as mortgages and auto loans (including arrears) and non-dischargeable items continue and unsecured creditors typically get paid a small portion of their debts.

Post Chapter 13 bankruptcy Chapter 7 bankruptcy doesn’t work this way: A HELOC remains secured debt, no matter what the value of your house. If you qualify for Chapter 13, you’ll spend the next three to five years paying off.

An individual cannot file under chapter 13 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property.

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As a practical matter. the bankruptcy court should employ the formula approach endorsed by the Till plurality”) (citing Till v. SCS Credit Corp., 124 S. Ct. 1951 (2004) (holding that the formula.

Under Chapter 13, those who file may take as long as five years to complete the payment plan. chapter 7 bankruptcy – Even though this is not the subject of this post, it’s helpful to understand Chapter 7 because it is usually the only other form of bankruptcy relief for consumers. It is often referred to as a complete liquidation.

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The chapter of the bankruptcy code providing for adjustment of debts of a "family farmer," or a "family fisherman" as those terms are defined in the Bankruptcy code. chapter 13 The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income.