El Capítulo 13 de la Ley de Quiebras: Plazos, requisitos, ventajas e inconvenientes

Escrito por: Abogado Robert Stiberman | Quiebra, Quiebra del Capítulo 13 Actualizado el 19 de abril de 2023

Dealing with overwhelming debt can be stressful, and sometimes there’s no way out. If you’re considering filing for Chapter 13 bankruptcy, you probably wonder how long the process takes. In this article, we’ll overview Chapter 13 bankruptcy, walk you through the timeline, and help you understand the factors affecting the process. Let’s dive in!

Chapter 13 Bankruptcy: An Overview

¿Qué es el Capítulo 13 de la Ley de Quiebra?

Quiebra del capítulo 13, often called a “wage earner’s plan,” allows individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.

Eligibility for Chapter 13 Bankruptcy

To qualify for Chapter 13 bankruptcy, a debtor must have a regular source of income and unsecured debts below a certain threshold. Additionally, the debtor must not have filed for Chapter 13 bankruptcy within the last two years or Chapter 7 bankruptcy within the previous four years.

The Chapter 13 Bankruptcy Timeline

Pre-filing Counseling

Before filing for bankruptcy, you must complete a credit counseling course from an approved agency no later than 180 days before filing. This course will help you evaluate your financial situation and explore alternatives to bankruptcy.

Presentación de la petición

Once you’ve completed the counseling, you can file a Voluntary Petition with the bankruptcy court. Along with the petition, you’ll need to submit a proposed repayment plan, a statement of financial affairs, and a schedule of assets and liabilities.

The Automatic Stay

Filing for bankruptcy triggers an automatic stay, temporarily halting most collection actions against you, such as wage garnishments and creditor lawsuits.

The 341 Meeting

Approximately 21 to 50 days after filing, you’ll attend a meeting of creditors, also known as the 341 meeting. During this meeting, the bankruptcy trustee and any attending creditors can ask questions about your financial situation and proposed repayment plan.

The Repayment Plan

Factors Affecting the Plan Length

The length of your repayment plan depends on your income and the amount of debt you have. Your plan will generally last five years if your income exceeds your state’s median. Your plan will typically last three years if your income is below the median. However, there are exceptions, and the court can extend the plan up to five years if necessary.

The Confirmation Hearing

Within 45 days after the 341 meeting, the bankruptcy judge will hold a confirmation hearing. Most confirmation hearings are before your Chapter 13 Trustee, who attempts to resolve all uncontested issues. You will rarely interact with the Judge while in bankruptcy. At this hearing, the Chapter 13 Trustee will determine whether to recommend your plan for confirmation, continue the hearing for further inquiry, allow specific deadlines to pass, or seek dismissal of your case. If the plan is confirmed, you must continue making your plan payments and comply with all bankruptcy requirements to obtain a discharge.

Making Plan Payments

You must make regular payments to the bankruptcy trustee throughout your repayment plan. Your first plan payment is due within 30 days of filing your bankruptcy petition. Please make these payments to avoid the dismissal of your case.

Discharge

Once you’ve completed your repayment plan and complied with all bankruptcy requirements, including completion of the Debtor Financial Management Course, you’ll receive a discharge of your remaining eligible debts. The discharge effectively wipes out your obligations to pay those debts.

Ventajas e inconvenientes del Capítulo 13 de la Ley de Quiebra

There are several advantages to filing for Chapter 13 bankruptcy, such as:

• The opportunity to save your home from foreclosure.
• The chance to restructure and reduce certain debts.
• Protection for co-signers on consumer debts.

However, there are also some downsides, including:

• The negative impact on your credit score.
• The time-consuming nature of the process.
• The required repayment of some debts in full.

Alternatives to Chapter 13 Bankruptcy

Before filing for bankruptcy, it’s essential to explore other options, such as:

• Negotiating with creditors to lower interest rates or extend repayment terms.
• Seeking credit counseling and developing a debt management plan.
• Consolidating your debts through a debt consolidation loan or balance transfer credit card.

Conclusión

The length of the Chapter 13 bankruptcy process depends on several factors, including your income, the amount of debt you have, and the terms of your repayment plan. In general, the process takes three to five years to complete. While Chapter 13 bankruptcy offers some benefits, weighing the pros and cons and considering alternatives before deciding to file is essential.

Preguntas frecuentes

1. What happens if I can’t make my Chapter 13 plan payments?
   If you fail to make your plan payments, the court may dismiss your case, or you may convert it to a Chapter 7 bankruptcy.
2. Can I keep my property during a Chapter 13 bankruptcy?
   Generally, yes. Chapter 13 allows you to keep your property while repaying your debts through the repayment plan.
3. What happens to my credit score after filing for Chapter 13 bankruptcy?
   A Chapter 13 bankruptcy will remain on your credit report for seven years and can significantly lower your credit score.
4. Can I obtain new credit during my Chapter 13 bankruptcy?
   It’s possible but challenging. You’ll need approval from the bankruptcy trustee before obtaining new credit.
5. Is Chapter 13 bankruptcy the right choice for everyone with debt?
   No. Chapter 13 bankruptcy is best suited for those with regular income who can commit to a repayment plan. You’ll need to explore all your options and consult a financial advisor or attorney before deciding.

Robert Stiberman es un abogado especializado en quiebras con amplia experiencia en Quiebra del capítulo 13 casos. Ha representado a numerosos clientes en casos de quiebra y está bien versado en los requisitos de los fideicomisarios del Capítulo 13. Con su conocimiento y experiencia, Robert Stiberman puede proporcionar a sus clientes con la orientación y la representación que necesitan para navegar con éxito la bancarrota.

Escrito por:

Abogado Robert Stiberman

Robert es un experimentado abogado de bancarrota con más de 13 años de experiencia en el consumidor Capítulo 7 y Capítulo 13 casos. Robert ejerce regularmente en las Divisiones de Miami, Fort Lauderdale y West Palm Beach de la... Seguir leyendo