Chapter 13

Want to learn more about Chapter 7 vs. Chapter 13 bankruptcy? Wondering what filing for Chapter 13 bankruptcy means? We’re here to help.

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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Completing the Debtor Education Course After Filing Chapter 13 Bankruptcy

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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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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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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Can small business owners obtain debt relief through Chapter 13 bankruptcy?

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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What is Chapter 20 bankruptcy?

Some people struggling with overwhelming debt find that bankruptcy is the best debt relief solution for their unique situation. Determining which form of bankruptcy to file is largely dependent on the amount and types of debt held, and the financial situation of the individual or married couple. When considering bankruptcy, most people first learn about Chapter 7 and Chapter 13, named for the Bankruptcy Code chapters that govern how they work. But a lesser-known arrangement, Chapter 20 bankruptcy, functions as a hybrid of the two.

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Why filing Chapter 13 bankruptcy while getting a divorce is probably a bad idea

Unfortunately, divorce and bankruptcy can go hand-in-hand at times, so it’s important to know how a divorce affects a bankruptcy case. If you’re considering divorcing your spouse and are thinking about addressing your debts through a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, continue reading.

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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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What are bankruptcy payments?

Bankruptcy payments can include the cost of filing, attorney fees, payments to your creditors, and other administrative fees.

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When is Chapter 13 Better than Chapter 7 Bankruptcy?

If your main intention is to keep secured non-exempt property and catch up on past due-payments, a Chapter 13 might be the better choice.

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When is Chapter 7 Bankruptcy Better than Chapter 13 Bankruptcy?

If you qualify to file a chapter 7 bankruptcy, and you do not have significant assets to protect, a chapter 7 is probably your best option.

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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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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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I’m unemployed. Can I file for bankruptcy?

You don’t have to be employed to file for bankruptcy. That said, unemployment can require you to file a Chapter 7 case and add things to consider when you do.

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How Long Does Chapter 13 Bankruptcy Take?

You are likely to spend about 3 to 5 years completing your Chapter 13 case.

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Do you do Chapter 13?

No, Upsolve does not do Chapter 13 bankruptcies. 

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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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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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Why is Chapter 13 Probably A Bad Idea?

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

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Chapter 7 vs. Chapter 13 Bankruptcy

Many low-income debtors have to decide between filing for Chapter 7 bankruptcy and filing for Chapter 13 bankruptcy. This Upsolve guide will help you figure out which type of bankruptcy is best for you.

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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.