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Chapter 13, also known as a “wage earner’s plan,” is probably best differentiated from Chapter 7 by its requirement of having to file a repayment plan with the U.S. Trustee. A debtor, along with her attorney, devises a plan to repay creditors over a period of three to five years. The plan is then submitted to the court for approval. In a sense, Chapter 13 can be viewed as a court-administered debt consolidation plan, since the debtor makes payments to the court, who then distributes the funds to the various creditors. However, after the Chapter 13 payment plan is approved and instituted, the debtor has no more direct contact with the creditors, thereby providing some peace of mind and guaranteed “light at the end of the tunnel” for the debtor, so long as payments are made. As in Chapter 7 filing, Chapter 13 also triggers the “automatic stay” rule, discussed above. Since the filing of a Chapter 13 petition activates an automatic stay of collections efforts, Chapter 13 is a good option for individuals seeking to shield their home from foreclosure and make up delinquent mortgage payments. The automatic stay provision halts the foreclosure process. After a Chapter 13 plan is approved, the debtor-homeowner then has the opportunity to bring past-due mortgage payments current. Also similar to Chapter 7, after the filing of a bankruptcy petition, the trustee will hold a meeting of the creditors. The debtor is required to attend this meeting (with her attorney present) and to answer truthfully as to her financial situation and debts. Often, the debtor will agree to allow the Chapter 13 repayment plan to be automatically deducted from wages she earns, thus reducing the risk of missed or late payments. In the event payments are missed, the trustee may order the case converted to a Chapter 7 plan. In some cases, a “hardship discharge” may be available where a debtor enters into a Chapter 13 repayment plan, but for some reason is subsequently unable to meet her obligations under the plan. The final discharge under Chapter 13 serves to release the debtor from creditor’s claims, and from future lawsuits and collections actions concerning those accounts

 

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