Chapter 13 Bankruptcy: A Matter of Definition

Chapter 7 vs. Chapter 13 Bankruptcy Comparison Related Ads. For bankruptcy relief, the debtor will have to file a Chapter 13 bankruptcy. A debtor who fails the means test but files a Chapter 7 case anyway must mark a box that states that the presumption of abuse arises. The statement indicates that, due to the outcome of the means test, it’s presumed that the debtor is abusing the process.

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The terms dismissal and discharge in a bankruptcy case are two different terms which have two completely different meanings. DISMISSAL If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner’s property or garnish their income.

A recent court of appeals decision could impact creditors in Chapter 13 bankruptcy cases-and it all comes down to defining the term “provided.

Chapter 7 Eligibility – Before you can file for chapter 7 bankruptcy, you must be able to show that you are eligible to file for Chapter 7. To be eligible for Chapter 7, you cannot make enough money (minus certain expenses and monthly debt payments) to be able to fund a Chapter 13 bankruptcy repayment plan.

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Chapter 13 bankruptcy allows private individuals to keep your property but must pay back a portion or the entirety of their debt over a 3- to 5-year period. Because the person pays most, if not all, of his or her debt, Chapter 13 is sometimes referred to as a "reorganization." Under another section of the bankruptcy code,

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.

Chapter 13 Bankruptcy: A Matter of Definition in Daily Dose , Foreclosure , Government , News , print features april 26, 2019 1,877 Views Editor’s note: this story originally appeared in the April.

The U.S. bankruptcy code specifies five different bankruptcy types: chapter 7, chapter 13, chapter 11, chapter 9, and chapter 12. Each type is intended for specific circumstances, depending on whether the bankruptcy is filed by a person or a business, and the value of their assets, earning capacity, and the debt-to-income burden.