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Chapter 13 Bankruptcy is a legal process that differs from traditional debt consolidation in many important ways. If you are trying to decide between these two processes, this article will help you make your decision.

While a Chapter 13 bankruptcy is actually a type of debt consolidation, it differs a lot from traditional debt consolidation in certain important legal aspects. The most glaring and important difference is the power it wields. When you File Bankruptcy Chapter 13 of the Federal Bankruptcy Code you are protected, which can be a huge advantage when you are needing relief from debt.

Chapter 13 will Protect You Immediately

An automatic stay will lock into place as soon as you file a Chapter 13 bankruptcy. It’s in the form of a Bankruptcy Court injunction which effectively stops most recovery efforts that have been launched against you. Garnishments, repossessions, foreclosures, creditor harassment and license suspensions will cease. Your creditors will be forced to stop all such actions because this injunction has the legal chops to back it up. In reality it’s a court order that mere debt consolidation services cannot provide.

Chapter 13 Severely Reduces The Total Debt

With the power of a Federal judge ordering your creditors to stick to the repayment plan, you may be allowed to pay as little a 10% of any unsecured debts. Of course there are certain qualifications you must meet. If you can meet these qualifications the other 90% will be eliminated. You’ll be able to pay off your debts much more quickly because of the severe reduction in principal owed. This is something that traditional debt consolidation plans cannot do. They can only ask the creditor to lower the interest rates and reduce the balances owing.

Chapter 13 Covers Most Debt

In Chapter 13 bankruptcy, such specific debts as tax debt, child support arrears, car payments, and mortagage arrears can be rolled into one monthly payment. This is good news because the majority of traditional debt consolidation services allow only specific debts in the settlement plan. Wouldn’t you rather have protection from every one of your creditors?

Chapter 13 Bankruptcies Will not Drag and Take Months to Complete

You’ll only have to wait between 3 and 5 years for Chapter 13 bankruptcy to conclude, at which time all dischargeable debts are eliminated. Conversely, a more traditional consolidation could drag on indefinitely while you struggle with balances that remain high and continue to accumulate additional interest and finance charges.

Chapter 13 Protects Your Property

You won’t be required to post any collateral in order to proceed with Chapter 13 bankruptcy if you cannot afford the proposed monthly payments. Many home equity loans and traditional debt consolidation companies force you to risk losing your home and your property.

Chapter 13 Applies No Late Fees or Interest

With Chapter 13 bankruptcy, the payments you make towards your unsecured debt will usually be put against the principal, thus drastically shortening the amount of time it will take you to repay that debt. In fact, debts that exist before filing bankruptcy will not accrue late fees, and in most cases will be repaid free of interest, unlike the usual debt consolidation process.

Chapter 13 Requires the Creditor to File A Proof OF Claim

Under Chapter 13 bankruptcy all unfiled claims are eliminated if the creditor fails to file a proof of claim with the Bankruptcy Court. It happens fairly frequently that a creditor may be listed in the Chapter 13 bankruptcy file, but forget to do the proper paperwork, thus effectively eliminating themselves from the consolidation. If you complete the terms of your Chapter 13 repayment plan, such claims are ruled invalid, and you never have to pay them back.

Chapter 13 Takes Care of Your Important Debts First

Most of your secured loans will be paid off first at the conclusion of a Chapter 13 bankruptcy plan. This includes such things as mortgage and automobile payment defaults. Unsecured debt payments such as credit cards and medical bills are taken care of after secured and other important claims have been paid. You will probably incur penalty charges under a normal debt consolidation company in return for delaying payments to unsecured creditors. These companies also give preferential consideration to home finance companies and car payments, which leaves little for the remaining claims. The bigger the balance owing, the bigger the penalty charges.

How To Survive Bankruptcy

Answerer asked:


If I have stock in company that goes through bankruptsy, what happens to the stock owned by shareholders?

I’m not talking about an Enron-style collapse, I mean a company that goes through bankruptcy, but survives and hopefully will eventually recover.

How To Survive Bankruptcy

aikon56 asked:


In recent news, companies could be forced to Bankruptcy. Is this the same as “companies can be forced into Bankruptcy Protection”?

I thought Bankruptcy protection is “PROTECTION” against Bankruptcy?

Free Bankruptcy Evaluation

sx24 asked:


believe it or not, i just cannot find any job. I have hunted for job a lot but there is no luck. Now i’m being frustrated by creditors who call 40 times a day. So to get rid of such harassment, i decided to file bankruptcy protection.

What will be the consequence of filing bankruptcy?

Free Bankruptcy Evaluation

?Lindsey & Jackson? asked:

I am about $15,000 or so in debt right now. $12,000 of it is from medical bills from an emergency surgery I had to have (I had insurance to cover the surgery but they only paid 10% and now I’m stuck with the medical bills from it and NO way to pay them). I’m working full time but am currently switching to part time because I just recently had a baby and need to be able to stay home some of the time with him to cut costs on babysitting. I don’t care tht the bankruptcy will be on my credit for 10 years….it will take me that long to pay off the medical bills at the rate I can afford to pay them now…I also have diabetes and my prescriptions cost a TON a month…it’s impossible for me to work part time (or even full time for that matter) and even survive at this rate. I need to get an apartment for my son and I and just can’t do it with the amount of bills I owe. Is there a minimum amount of money you must owe before filing bankruptcy? Will I be able to keep my car?
I have one of the cheapest cars you can buy (Chevy Cavalier) and it is 2002. Someone suggested I sell it and get a crappy car for now…I can NOT do that. I must have a solid, secure car to make sure I have a way to and from work and also to have transportation to my son’s docs appintments. I need to keep my current car and my interest rate on my loan is locked and VERY low (3.4%). This car is great…but if I file bankruptcy will I lose it?
I don’t WANT to send my son to a childcare center. They are dirty and nasty. His father and myself will be watching him. And I AM working full time right now thank you. I can NOT afford the debt I owe either way….

How To Survive Bankruptcy