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Frequently Asked Questions

What is Chapter 13 Bankruptcy?

Answer

Chapter 13 Bankruptcy, entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a "plan" to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor's repayment plan, depending on whether it meets the Bankruptcy Code's requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor's anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.

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The information presented on this website, by Hope Law Group, and this Bankrtupcy law firm in Los Angeles, does not constitute legal advice and does not create any attorney-client relationship or contract of any kind with the Hope Law Group and/or its Attorneys. The Hope Law Group uses a written contract for each client and will only be representing you if you and the Hope Law Group sign a written legal representation contract and you pay any and all fees required. Information on this web site is provided for informational and educational purposes only. Information herein is not offered as, and does not constitute, legal advice. You should never make legal hiring decisions solely upon web pages, brochures, advertising or other promotional materials. If you are looking for a Los Angeles bankruptcy lawyer, you may contact one of our los angeles bankruptcy lawyers for your free initial consultation to find out whether our bankruptcy law firm can represent you.

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