CHAPTER 13

Also known as reorganization bankruptcy for consumers. Chapter 13 of the Bankruptcy Code is used and filed by people who are temporarily relieved from their debts and who intend to pay them back within three to five years. It is intended for people who have regular income and can pay basic living expenses but cannot pay the payments due on other debts. One who qualifies for Chapter 13 bankruptcy protection allows the filer to keep most of his or her property. A plan is created for repayment with a bankruptcy trustee and monthly payments are made to a bankruptcy trustee for distribution. Qualification includes any debtor whose unsecured debts and assets are below a certain amount (as of 2010, $336,900 and $1,010,650 respectively.) The minimum amount required to be paid is approximately the value of the debtor’s nonexempt property. Disposable net income must also be pledged for the period which payments are to be made to creditors. At the end of a successful three-to five-year period, most debts are considered extinguished.