CHAPTER 13 BANKRUPTCY:
The purpose of a Chapter 13 bankruptcy is to reorganize your debt through a structured plan. The debt repayment plan is a 3-5 year pay off to creditors from the debtor's future income.
The Chapter 13 Bankruptcy can be used to stop a house foreclosure or car repossession if filed in a timely manner. Therefore it is important to contact your attorney immediately upon notification of an upcoming foreclosure so that the proper steps can be taken to file your Chapter 13 bankruptcy.
A debtor's disposable income is determined based upon the Missouri Means Test. If your income is greater than the Missouri Median income then you will need to complete the Means Test for either the Chapter 7 Bankruptcy or the Chapter 13 Bankruptcy. The Median Income is determined based upon your household size.
The Repayment Plan is administered by and through a Chapter 13 Trustee. The debtor will make a required bi-weekly or monthly payment to the Trustee (or through an automatic withdrawal). The Chapter 13 Trustee will then distribute those funds pursuant to the approved Chapter 13 RePayment Plan.
Upon successful repayment, or early repayment, some remaining debts can still be discharged.