Chapter 13 bankruptcy filling procedure

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Chapter 13 bankruptcy filling procedure

Because chapter 13 bankruptcy is such a complicated and intimidating legal procedure, many consumers who need to file chapter 13 bankruptcy do not realize that it has a certain amount of flexibility to offer.  Unlike chapter 7 bankruptcy, which is for all purposes and intents a process of asset liquidation, chapter 13 bankruptcy is in fact a financial rehabilitation plan that allows consumers, under strict court supervision, to get back on their feet financially.

Because chapter 13 bankruptcy applies to a huge amount of consumers who all have their own unique set of circumstances, the laws that govern reorganization bankruptcy must allow for flexibility.  In addition, the state laws that are applied to chapter 13 bankruptcy are significantly different from state to state.

One of the most important aspects to reorganization bankruptcy law is that it requires every consumer who files for chapter 13 bankruptcy to propose a repayment plan to the bankruptcy court.  Because the consumer is in charge of constructing this reorganization bankruptcy repayment plan, it is his prerogative to do everything he can to prove to the court that he can afford to pay of certain debts and not suffer a liquidation of his assets.

For example, if you can’t afford your mortgage payments and other creditors are banging on your door, it is probably too late to ask your mortgage provider for a loan adjustment to avoid chapter 13 bankruptcy.  However, your mortgage provider might be willing to renegotiate the terms of your mortgage so it becomes once again affordable, so long as this is negotiated as a part of the court-supervised procedure of chapter 13 bankruptcy.

A chapter 13 bankruptcy also offers so-called exemptions to your reorganization bankruptcy, which are assets that may not be included as assets in your reorganization.  It is obvious that this allows you to keep a number of assets beyond your chapter 13 bankruptcy that can be of personal and professional value.

It is evident that understanding all the possibilities of your chapter 13 bankruptcy is vital to optimizing your reorganization bankruptcy procedure, as well as retaining as much financial stability as possible.  In order to understand how you can best make use of the flexibilities a reorganization bankruptcy has to offer, it is in your best interest to seek the advice of a reputable and experienced reorganization bankruptcy attorney to help you navigate your chapter 13 bankruptcy.

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