An Augusta Bankruptcy Attorney Explains Chapter 13

By: Clement Banner

The term bankruptcy does not have a blanket definition and an Augusta, Georgia bankruptcy attorney can help you understand the various types of bankruptcy that are available. If you have heard about Chapter 7 and Chapter 13, it is because these are the two most common types of bankruptcy which people file. There are, however, substantial differences between these two within the United States Bankruptcy Code, and an Augusta bankruptcy attorney is most qualified to help you learn the differences. This brief post will focus on Chapter 13 of the Bankruptcy Code.

The key feature of Chapter 13 is that it provides debtors with a way to repay a substantial portion of their debts, as opposed to having their debts discharged as they are under Chapter 7 of the Bankruptcy Code. Debtors are given a chance to become highly involved in the creation of their repayment plan. They will work with an Augusta bankruptcy attorney to determine how much they can repay each month, and will come up with an amount they can manage to repay the entirety of their debt within a five year window. Their attorney will then submit their plan to the court for approval.

Once debtors submit their repayment plan to the court, an automatic stay is issued which prevents creditors from taking any type of action. Debtors are protected by the automatic stay throughout the entirety of the bankruptcy proceeding. So long as debtors have sufficient income to cover their regular monthly expenses and the payments due under their repayment plan, they are eligible to file for bankruptcy under Chapter 13. Debtors who do not have regular income, however, may wish to consider filing under Chapter 7. To learn more fully about Chapter 13, speak with an Augusta bankruptcy attorney.

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