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What is a Chapter 13 Bankruptcy Filing?

from daveramsey.com on 03 May 2005

A Chapter 13 filing may be the preferred method for consumers with assets they don't want to lose, and willing to retire as much of their debts as possible, but under a less-pressured structure. Some debt balances may be partially discharged, and the filer agrees to a monthly payment to the trustee for distribution to the remaining creditors.

Any bankruptcy is a serious mark against your credit record, but Chapter 13 filings may be perceived as slightly less serious than Chapter 7 filings since you are exhibiting an interest in retiring your debts. (The previous definition applies to Tennessee residents.) For specific bankruptcy information based on your city of residence, visit www.citylegalguide.com for more information.

Chapter 13 bankruptcy allows you, if you have a regular income and limited debt, to keep property, such as a mortgaged house or car, that you otherwise might lose. In Chapter 13, the court approves a repayment plan that allows you to pay off a default during a period of three to five years, rather than surrender any property.

If you are facing a bankruptcy situation, don't wait; contact a trained financial coach in your area.

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by Credit Card Debt Single Mom & Student  at November 06 2009 11:17 AM

It seems like all of these comments about not claiming bankruptcy are for people who have a job and can come up with a plan. I have $70,000 in credit card debt; half from my divorce fees, my children's therapy, occupational therapy, speech therapy, surgeries and our living expenses since I needed to go back to school since I had been a stay at home mom for 13 years when my husband left. I am now going back to school to be a nurse and will graduate in 1 year. I called a financial planner that Suzy Orman recommended and they said that they could not help me and that I should consider bankruptcy for a "fresh start" after divorce. What options do I have with little income coming in since I am in school, trying to pick myself and make a better life for myself and my kids? I am beginning to think bankruptcy is my only option unless I borrow the money from my parents and pay them back over time. They are debt free and I hate to put this burden onto them when they should be enjoying their money, not taking care of me.

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