Many of our potential clients ask us whether they should file under Chapter 13 or under Chapter 7. We have found that in most cases, Chapter 7 is the best option, but this video discusses when Chapter 13 may be more appropriate.
Peter Zooberg is a bankruptcy lawyer in Tampa, FL (813) 990-7944.
Video Summary: Chapter 13 vs. Chapter 7
Chapter 13 is typically only recommended as a backup option to Chapter 7 cases. There will be certain cases where a particular client is not a great candidate for (the more common) Chapter 7, and these are the clients who will end up filing under Chapter 13.
In some cases, we have clients who make too much money to file under Chapter 7. Also, late payments in monthly car or mortgage payments would make it a good idea to file under Chapter 13, because filing under Chapter 7 may cause you to loose that property.
Chapter 13 provides a mechanism to save property that you might otherwise loose under Chapter 7.
If you file a Chapter 13 bankruptcy, the process usually lasts for about 3-5 years, wherein you make a monthly payment to the Bankruptcy Trustee, who then allocates a portion of that payment to a certain portion of your debt.
Certain debts like car payments and mortgage arrears, can be paid for in full through the Chapter 13 plan. This is how you are able to save property that you otherwise would have lost.
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