Chapter 13 Bankruptcy is a type of consumer bankruptcy. Chapter 13 Bankruptcy consolidates and sets up a payment plan for a debtor, rather than simply eliminating those debts like in Chapter 7. This payment plan would take into account how much the debtor can afford to pay and how much money can be owed. When someone cannot file for Chapter 7 Bankruptcy because they fail the means test, they would have to file for Chapter 13 instead.
Chapter 13 offers many of the same protections as Chapter 7, in that creditors would have to stop collection activity and that creditors would be subject to Bankruptcy Court decisions on how the debt is to be paid. However, Chapter 13 almost always involves much more payment of the debts owed to discharge the Bankruptcy.
Chapter 13 Bankruptcy, like all consumer Bankruptcy, is best handled by a Bankruptcy attorney who is familiar with the courts in your area. Contact us today to get more information.