Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over by Robin Leonard, Stephen Elias

By Robin Leonard, Stephen Elias

Are you in the back of in your personal loan, taxes or different accounts? Are collectors threatening foreclosures or repossession? This ebook will make it easier to keep your home, motor vehicle and different resources with bankruptcy thirteen financial ruin. It helps you to cancel your money owed and repay the remainder with an inexpensive reimbursement plan.

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Extra resources for Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time (10th Edition)

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Remove Form 22A from Appendix B and fill it in, following the instructions below. If you later decide to file under Chapter 13, you can use a lot of the work you do here to complete a similar form (Form 22C: Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income) that you must file with your Chapter 13 documents. RESOURCE Prefer to let your computer crunch the numbers? Rather than completing the means test form by hand, you can use an online calculator to run the numbers for you.

Julie now files for Chapter 13 bankruptcy, intend­ ing to keep her home by paying the arrearage over the life of the plan. Because Julie filed her Chapter 7 bankruptcy within the previous two years, and the stay was lifted in that case, however, the stay will not apply in her Chapter 13 case. The lender will be allowed to proceed with the rescheduled auction. Even if you are in Julie’s position, you may still be able to keep your home. As mentioned, the automatic stay in Chapter 13 cases lasts only until the court confirms the plan filed by the debtor.

A number of bankruptcy judges have had to decide whether the facts of a particular case add up to abuse under all the circumstances. Generally, there are two situations in which the court is most likely to find an abuse: if it looks like your income will be higher, or your expenses should be lower, than the figures you used in the means test. For example, the court might find an abuse under all the circumstances if it looks like you will have significant extra income in the future that didn’t show up in the means test.

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