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Filing for Chapter 13 bankruptcy can be an effective way to reorganize your debt and find a legal solution if you cannot pay it off. This bankruptcy code offers several benefits, such as:
- Reducing the amount paid to unsecured creditors
- Lowering car payments
- Preventing foreclosures, levies, and repossession.
- Giving a time extension to the tax authorities.
Moreover, Chapter 13 lasts for five years, but some debtors are eligible for a three-year plan. As part of the plan, the debtor must obtain court approval before incurring any new debt during the Chapter 13 case.
The court acknowledges that lenders might require a loan during the process, which is why a procedure is in place for obtaining new credit during the Chapter 13 case.
In addition to the benefits, filing for Chapter 13 bankruptcy also stops creditor harassment and debt-collection lawsuits. This process gives the debtor a fresh start to recover and rebuild after facing financial hardship.
Do You Feel that Your Chapter 13 Payment Is Too High?
A chapter 13 bankruptcy can be costlier than a Chapter 7 plan due to higher attorney fees and custodian fees, making Chapter 7 a more affordable option.
Sometimes Chapter 13 plan payments can increase, making it difficult to maintain. Other alternatives are worth exploring if your Chapter 13 payment is higher than expected.
You can use a free calculator to estimate the expenses and periods of alternative approaches, such as;
- Debt settlement
- Credit counseling
- Chapter 7 bankruptcy qualification
By exploring these options, you can make an informed decision that best suits your financial situation.
Is It Possible to Obtain a Collateral Loan While in a Chapter 13 Bankruptcy? If So, How?
In Chapter 13 bankruptcy, a debtor may sometimes need to obtain new debt while the default is ongoing. However, the procedure for obtaining court approval for new debt may vary depending on the jurisdiction.
The debtor should record a proposition to obtain credit with the court, which must serve on the Chapter 13 custodian and other interested parties. This motion should contain the following details:
- The specific information about the loan
- Amount
- Interest rate
- Term
- Loan payments
- Security being pledged
The court then organizes a hearing to review the motion.
During the hearing, the court evaluates the debtor’s reasons for taking on new debt, and the Chapter 13 trustee ensures that the request is reasonable and valid. The court also confirms that the lender can still make their Chapter 13 plan payments and continue paying for daily living costs.
If the court accepts the motion, the debtor can take out the loan as described. Valid reasons for obtaining new credit during Chapter 13 may include purchasing a new car if the current one is beyond broken.
However, it’s important to note that obtaining new debt can impact the debtor’s Chapter 13 plan payments and overall financial situation. As such, it’s crucial to evaluate all the options and consider the long-term consequences of obtaining new credit during Chapter 13 bankruptcy.
Is It Feasible for Me to Secure a Loan or Credit Card for personal Requirements?
Once you file for Chapter 13 bankruptcy, obtaining court acceptance for new debt can be an uphill task. The court will only permit you to take on new debt in the case of a genuine emergency or other extraordinary circumstances. You should not use credit cards to cover personal expenses during a Chapter 13 payment plan.
In cases of genuine need, the court may grant permission to obtain new credit. If you are struggling due to a short-term financial emergency, the court may even permit you to skip a few Chapter 13 payments. This choice is only available once throughout the case.
If your salary drops and you anticipate it to remain lower, modifying your Chapter 13 plan to reduce payments may be a viable solution. An experienced bankruptcy attorney can help you understand the options available and navigate the complex bankruptcy process.
Is It Possible to Obtain a Loan or credit card for my business?
When a debtor files for Chapter 13 bankruptcy, obtaining commercial loans and debts are operated differently than consumer loans and debts. If the debtor is self-employed, it is presumed that they may need to get business debt in the usual business events, which does not require court approval if the debt is paid within a short period.
For instance, if a business orders stock from a trader who then invoices the customer for compensation, the business incurs a debt in the usual business course. If the debtor needs to obtain a loan to replace costly business equipment or fix up the business location, they will likely need a court go-ahead before getting the debt.
The court may require the debtor to submit a written request detailing the reasons for obtaining the debt. The request should also demonstrate that the debt is necessary and reasonable for the debtor's business.
If the court accepts the debtor's request to incur business debt, the debtor must comply with the court's conditions, such as a repayment plan or specific loan terms. The debtor must notify the court of any changes to the business, its financial circumstances, or their ability to repay the loan.
What Factors Should One Consider Before Taking On Debt During Chapter 13 Bankruptcy?
When facing the need for additional funds during a Chapter 13 bankruptcy case, it's essential to consider all available options before recording a motion to obtain debt. For instance, can you request a car from a relative instead of purchasing a new one? Can you handle home repairs instead of getting a new loan?
Finalizing your Chapter 13 plan is essential to obtaining a bankruptcy discharge, which discharges the remaining money overdue to unsecured lenders.
If you incur new credit during your bankruptcy case, it can hinder your ability to complete the plan and receive a discharge. In such cases, you will owe the entire balance on all accounts without clearance.
Establishing an emergency savings account is one effective way to avoid needing a loan Chapter 13. Open a capital account and save as much as possible from each payroll check to the report.
An emergency account provides a safety net during financial hardships and teaches good financial habits to help prevent future debt problems.
Are You Prepared to Manage Your Debt Effectively?
We provide individuals with financial analysis tools to help them compare the different debt-solace options. Using our services, you can determine your potential Chapter 13 payments and decide whether or not you are eligible for a Chapter 7 bankruptcy case using our bankruptcy assessment calculator.
