|Other titles||Chapter thirteen in the bankruptcy code.|
|Statement||presented by the Committee on Continuing Legal Education of the Virginia Law Foundation.|
|Contributions||Virginia Law Foundation. Committee on Continuing Legal Education.|
|LC Classifications||KF1524.3 .C44 1990|
|The Physical Object|
|Pagination||1 v. (various pagings) ;|
|LC Control Number||91157986|
An individual cannot file under chapter 13 or any other chapter if, during the preceding days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property. All bankruptcy cases are handled in federal courts under rules outlined in the U.S. Bankruptcy Code. There are different types of bankruptcies, which are usually referred to by their chapter in the U.S. Bankruptcy Code. Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their situation. Chapter 13 – Adjustment of debts of an individual with regular income (Sections to ) Chapter 15 – Ancillary and Other Cross Border Cases (Sections to ) Purchase the print edition of the U.S. Bankruptcy Code for $ The Chapter 13 Hardship Discharge If a debtor fails to complete the Chapter 13 repayment plan, s/he can move a motion in accordance with the Bankruptcy Code §(b) for a hardship discharge. The court generally grants a hardship discharge only if three conditions are met.
This chapter isn’t available to companies, meaning that only an individual can file for Chapter 13 bankruptcy. However, business-related debts that you’re personally responsible for will be part of your plan, and therefore, from a practical standpoint, a sole proprietorship might be able to benefit from this : Cara O'neill, Attorney. Chapter 11 and Chapter 13 Reorganizations and Payment Plans under Chapters 11 and 13 As an alternative to liquidation, the Bankruptcy Code permits parties to restructure the organization and finances of a business so that it may continue to operate. Continuing Payments After Chapter 13 Plan Confirmation. After you file your plan, both the trustee and creditors will have an opportunity to object the provisions. You’ll respond to any objections and the bankruptcy judge will decide whether to approve your plan at a Chapter 13 confirmation hearing. Once your chapter 13 bankruptcy case is filed, there are a series of processes and events that take place. Each of these events are required and mandated by the United States Bankruptcy Code and assist in the smooth process of chapter 13 for all parties involved. The first thing that happens is the creation of the automatic stay.
Information on Chapters 7 and 12 of the Bankruptcy Code is also available. Chapter 13 is commonly referred to as the wage earner plan. If a debtor (or husband and wife debtors) has any sort of income, from any source, he can file a petition for relief under Chapter 13 and repay his creditors, in part or in full, through a Chapter 13 trustee. As a practical matter, almost all consumer cases are covered under Chapter 7 or Chapter 13 of the code. About the Book Author James P. Caher, a practicing attorney with 30 years of experience, is a nationally recognized expert on consumer bankruptcies and authority on the Bankruptcy Abuse Prevention and Consumer Protection Act of Successful Bidders for Chapter 13 Audits to be Conducted in FY [PDF - 14 KB] Questions and Answers Concerning Chapter 13 Audit Bids – Combined [PDF - 74 KB] J Successful Bidders for Chapter 13 Audits to be Conducted in FY [PDF - 13 KB] June 5, Questions and Answers Concerning Chapter 13 Audit. One of ABI's most important consumer bankruptcy titles, this updated book covers the fundamentals of consumer bankruptcy proceedings under chapters 7 and 13 of the Code, including debtor’s duties, procedure, dischargeability, the automatic stay and much more.