July 18th, 2009

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Chapter 13 has an undeserved bad rap, it is actually a very good option

Saturday, July 18th, 2009

It seems that often Chapter 13 gets a bad rap.   I disagree I think it is a good chapter.  Here are some good reasons to file Chapter 13, other than stopping foreclosures and repossessions:

-You keep all your property even if it is non-exempt.
-You can get another Chapter 13 discharge in two years!
-You can get another Chapter 7 discharge in six years or less sometimes!
-You have an absolute to dismissal if you want out.
-It can sometimes be less than 3 years, e.g. 6 months!
-Get divorce decree debt discharged.
-Get civil fines and penalties, including motor vehicle surcharges and toll fines discharged.
-Get divorce decree debts discharged.

These are many good reasons to file Chapter 13.  Also, if you fail the means test filing 13 is not necessarily so bad, because sometimes claims of creditors can be struck and you can finish in 6 to 9 months.  If you are current on your mortgage and car loans there are a lot of things you can do in Chapter 13.

One of the best things is that if you run into new financial problems you can file again and get a discharge of your new debts only two years after the first Chapter 13 filing.  Even better if you had a Chapter 13 that lasted less than 3 years because most of the claims were struck, then you can file Chapter 7 and get a discharge right away!

The benefits of Chapter 13 are a little complicated to explain in general because it varies a lot depending on your circumstances, but they are many.  You should definitely consider Chapter 13 if any of the above reasons appeal to you.