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What if the debtor incurs new debts or needs credit during a chapter 13 case?

by admin | Mar 28, 2008 | Chapter 13 FAQs

Only two types of credit obligations or debts incurred after the filing of the case may be included in a chapter 13 plan. These are: (1) debts for taxes that become payable while the case is pending, and (2) consumer debts arising after the filing of the case that are...

How are cosigned or guaranteed debts handled under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

If a cosigned or guaranteed consumer debt is being paid in full under a chapter 13 plan, the creditor may not collect the debt from the cosigner or guarantors. However, if a consumer debt is not being paid in full under the plan, the creditor may collect the unpaid...

What if the debtor is temporarily unable to make the chapter 13 payments?

by admin | Mar 28, 2008 | Chapter 13 FAQs

If the debtor is temporarily out of work, injured, or otherwise unable to make the payments required under a chapter 13 plan, the plan can usually be modified so as to enable the debtor to resume the payments when he or she is able to do so. If it appears that the...

How are secured creditors dealt with under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

There are four methods of dealing with secured creditors under chapter 13: The creditor may accept the debtor’s proposed plan, The creditor may retain its lien and be paid the full amount of its secured claim under the plan, Debtor may surrender the collateral...

How are the claims of unfiled creditors handled under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

Unsecured creditors must file their claims with the bankruptcy court within 90 days after the first date set for the meeting of creditors in order for their claims to be allowed. Unsecured creditors who fail to file claims within that period are barred from doing so,...
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