Chapter 7

In a Chapter 13 bankruptcy plan, the debtor (through their attorney) proposes a repayment and reorganization plan to the bankruptcy court. The repayment plan describes in detail how a debtor will make payments to a Chapter 13 trustee, who will then distribute payments to creditors over a three-to-five year period. The most appealing quality of a Chapter 13 bankruptcy is its flexibility. The debtor dictates the terms of the repayment plan, though the creditors are involved in the process and the plan must conform to certain standards set forth in the Bankruptcy Code. Once a plan is approved, the proceeding enters the repayment period phase, as the debtor makes payments called for by the approved plan. During the repayment period, creditors are not permitted to harass the debtor to collect their debts; they are only entitled to payments under to the plan. Additionally, unlike in a Chapter 7 bankruptcy, the debtor in a Chapter 13 bankruptcy remains in possession of her assets while making payments to the creditors. In a Chapter 7, a debtor must surrender her nonexempt assets to pay off her creditors, examples of which may include a vacation home, valuable artwork and jewelry.

Contact Details

• 51424 Van Dyke Avenue, Shelby Township, MI, USA

  2486666004

  jsaulski@saulskilaw.com

• 6515 Highland Rd, Waterford Township, MI, USA

  2486666004

  jsaulski@saulskilaw.com