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Chapter 13 vs Chapter 7 Bankruptcy

Augusta GA Bankrutcy Lawyer

Chapter 13 offers a number of advantages compared to chapter 7. A filing under this chapter offers an opportunity to stop foreclosure proceedings and may cure delinquent mortgage payments over time. You must however make all mortgage payments that come due during the chapter 13 plan on time.

You can reschedule secured debts other than a mortgage for your primary residence and extend them over the life of your chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with you on consumer debts.

 

This provision may protect your co-signers. Chapter 13 acts like a consolidation loan under which you make the plan payments to a chapter 13 trustee who then distributes payments to creditors. You will have no direct contact with creditors while under chapter 13 protection.

 

The elimination of temporary payment to a creditor through the trustee, as in Chapter 7 is avoided in Chapter 13 Bankruptcy. The temporary phase of payment to the creditor through a trustee, as in Chapter 7 Bankruptcy is eliminated in Chapter 13 Bankruptcy.

 

Strict adherence of repayment plan as scheduled by the Court is followed and under any circumstances, the creditors are banned from resorting to collection of claims from the debtor.

If you have questions about filing for bankruptcy and you are in the Augusta GA area, then call an experienced lawyer today.