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Talk to me about chapter 13?

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    Talk to me about chapter 13?

    I am thinking about doing chapter 13.. Some bills are not getting paid and the creditors are now calling. I don't want them to garnish my check.

    Can Anyone tell me what are the pros and cons of ch 13?

    Thanks
    Joe

    #2
    Google is your friend.........a quick "Chapter 13 vs 7" search string showed over forty-four thousand hits...start here: http://www.bklaw.com/chapter13/. Read it and post when maybe you have some more specific questions or maybe don't understand something..
    NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

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      #3
      Ch 13 as compared to a Debt Management Plan with a Credit Counselor Service,........

      Ch 13 comes with an Automatic Stay put in place the WHOLE time. The Creditors cannot bill you outside the payment plan. They cannot call you. They cannot try to collect from you in anyway. A DMP doesn't come with that.

      Ch 13, you may only pay back a portion of what you owe total. You'll have one payment. To the Court and the Court does the rest.

      DMP, you pay back at 100%. The CCA's have agreements with Creditors about the interest they charge, but there's no magic "Drop 60% of your Debt" companies out there. If they say that it's bogus. The old "if it sounds too good,....." Well it ain't so. And some Creditors simply won't join. So you're left making the DMP and maybe a couple of other payments every month.

      That's a couple of things about Ch 13 and DMP to consider.

      We won't even get into Law Suits, Garnishments, Judgements, Liens,........
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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        #4
        I have a motorcycle ( 1984 goldwing). Would I be able to keep that?

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          #5
          Here's the US Courts BK site with "Bankruptcy Basics":



          There's also a comprehensive pdf file there for printing:

          *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

          My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

          Comment


            #6
            Originally posted by bigjoey38
            I have a motorcycle ( 1984 goldwing). Would I be able to keep that?
            You need to take the means test which assesses your disposable income and find out the exemptions for your state to see which assets are exempt.
            *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

            My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

            Comment

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