Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a type of bankruptcy that provides debt relief for folks who make too much money to qualify for Chapter 7 or want to protect certain property they might lose in a Chapter 7. Learn how it works to find out if it’s right for you.

Chapter 13 Bankruptcy allows you to pay as much as your budget can handle, instead of trying to keep up with each creditors’ minimum monthly payments. But Chapter 13 isn’t right for everyone. Learn how Chapter 13 bankruptcy can help you, when it may be a better option to accomplish your goals, and why it’s probably a bad idea for most.

This page is a hub for people that need debt relief and are considering a Chapter 13 bankruptcy solution.

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What Happens When a Chapter 13 Case is Dismissed?

If you have a dismissed Chapter 13 case, you may have several options. You might be able to file a Chapter 7 bankruptcy case, even if you cannot afford to pay another attorney to help you. Upsolve provides no cost bankruptcy services to low-income Americans.

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Chapter 7 vs. Chapter 13 Bankruptcy

Chapter 7 bankruptcy vs. Chapter 13 bankruptcy: Learn the differences, which type of bankruptcy is better depending on the situation, and the downsides of each.

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What is a Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is a type of bankruptcy that provides relief for folks who make too much money to qualify for Chapter 7. At its core, it’s a reorganization that allows the filer to pay as much as their budget can handle instead of trying to keep up with each creditors’ minimum monthly payments.

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Why is Chapter 13 Probably A Bad Idea?

An unsuccessful Chapter 13 can leave you in worse financial shape. It costs more than Chapter 7 and your case is less likely to be successful.

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How Long Does Chapter 13 Bankruptcy Take?

Chapter 13 bankruptcy cases take between 3 - 5 years.

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Is Chapter 13 Bankruptcy Worth It?

Chapter 13 bankruptcy is worth it when you do not qualify to file a Chapter 7 and have assets you want to protect.

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Can I File a Chapter 13 Bankruptcy if I am Unemployed?

You do not have to be employed to file a Chapter 13 bankruptcy, but you do have to have the capability to make monthly payments to your trustee.

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Can You File Chapter 13 Bankruptcy Online Yourself?

There is no "TurboTax" option to file Chapter 13 bankruptcy online.

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Can I file Chapter 13 without my spouse?

You can file for Chapter 13 bankruptcy without your spouse. A Chapter 13 bankruptcy works a little differently if only one spouse files. How certain debts and assets are treated is affected by whether the couple lives in a community property state or a common law state. Whether you’re best served by filing without your spouse or by the two of you filing a joint bankruptcy depends on the specifics of your situation. There are many valid reasons for which a person may want to or need to file for bankruptcy protection without their spouse. Read on to learn about filing Chapter 13 without your spouse.

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Guide to Bankruptcy Relief for Small Businesses

Small business owners who are struggling to pay the bills can often find relief, and even keep their businesses afloat, by filing business bankruptcy. But all bankruptcies are not created equal. To ensure that the outcome aligns with your goals, it is important to determine which type of bankruptcy is best for your unique situation.

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Chapter 13 bankruptcy & Small Business Owners

Owning your own business has a lot of benefits. You’re the boss and you get to make the rules. On the downside, you take on a lot of risk, and you’re responsible for managing the books. This is doubly so when it comes to your bankruptcy filing. Read on to learn what you should know about business bankruptcy and Chapter 13.

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Converting a Chapter 13 to a Chapter 7 bankruptcy

Life happens to everyone, including those in a Chapter 13 repayment plan. Thankfully, the Bankruptcy Code provides a mechanism for changing (converting) your case from Chapter 13 to Chapter 7 bankruptcy if needed. Let’s take a look at what that entails exactly and what you should know about this affects your property and your debts.

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How to File Chapter 13 Bankruptcy: A Step-by-Step Guide

Filing chapter 13 bankruptcy is much like filing chapter 7 bankruptcy, initially, but it does get much more complicated.

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Completing Debtor Education After Filing Chapter 13

Everyone seeking Chapter 13 bankruptcy relief has to complete a mandatory credit counseling class before their case can be filed with the [bankruptcy court](https://upsolve.org/learn/definition-bankruptcy-court/). This has to be done in the 6 months before the case is filed. But what about the second required course? What is that all about and when is the best time to take it? Keep reading to find out.

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Chapter 13 and Your Credit Report: What You Should Know

Bankruptcy provides relief to those who can’t afford to pay their debts as they come due. Oftentimes folks filing bankruptcy have fallen behind on their debt payments and their credit score has already taken the hit. But, that’s not always the case and this is especially true for folks filing Chapter 13 to reorganize their debt, rather than eliminate it completely through [Chapter 7 bankruptcy](https://upsolve.org/learn/chapter-7-versus-chapter-13-bankruptcy/). This article will explore the effect of Chapter 13 bankruptcy on your credit report and credit score.

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Cramdown in Chapter 13 Bankruptcy

In personal bankruptcy cases, a cramdown occurs when the filer pays off a car loan through a Chapter 13 bankruptcy repayment plan by paying only how much the car is actually worth, not how much is still owing on the loan. Upon successful completion of the repayment plan, the filer gets title to the vehicle free and clear.

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.

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