What is a Chapter 13 bankruptcy?
A Chapter 13 bankruptcy is a type of bankruptcy available to individuals in Hawaii. It allows individuals to reorganize their debts and repay them over a period of time. The filing of a Chapter 13 bankruptcy starts a court-appointed repayment plan that is supervised by a court-appointed trustee and lasts three to five years. During this time period, the debtor pays back debt out of their income. The payment plan is designed to adjust the debtor’s budget to be able to make reasonable payments to creditors. During the repayment period, creditors are prohibited from taking any action against the debtor. This includes collection calls, repossessions, lawsuits, and garnishments. Any foreclosure proceedings are also stopped and the debtor is allowed to keep their property. At the end of the repayment period, any remaining debt not paid by the debtor is discharged. This means the debtor is no longer responsible for paying back the remaining debt. Overall, a Chapter 13 bankruptcy gives a debtor the opportunity to get back on their feet financially. It gives debtors the time and flexibility to repay their debt so that they can eventually be free from it.
Related FAQs
What are the legal rights and obligations of debtors and creditors?What is debtor and creditor law?
What are the defenses available to debtors in a lawsuit?
What are the different types of bankruptcy?
How can debtors negotiate a debt settlement with creditors?
What is a debt settlement?
What is an affirmative defense in a debt collection case?
What is a hardship payment plan?
What is a secured debt?
What is a debt collector's responsibility to provide information?
Related Blog Posts
What Is Debtor and Creditor Law and What Does it Entail? - July 31, 2023Debtor and Creditor Rights: A Guide to Your Legal Protections - August 7, 2023
Debtor and Creditor Obligations: Understanding Your Roles - August 14, 2023
What Are the Common Types of Creditor Claims? - August 21, 2023
When Can Creditors Legally Take Possession of Your Property? - August 28, 2023