The Chapter 13 trustee is an important player in your “adjustment of debts” case so it helps to know how to deal with him or her.
Voluntarily Dismissing Your Chapter 13 Case
The Bankruptcy Code explicitly says that, at the request of the person in a Chapter 13 case, the bankruptcy “court shall dismiss” the case.
Qualify for Chapter 13
You can file a Chapter 13 case if you are an “individual,” have regular income,” and don’t owe too much.
When a Creditor Doesn’t File a Proof of Claim in Chapter 13
If a creditor doesn’t file a timely proof of claim on a debt in your Chapter 13 case, you pay nothing on that debt.
Sometimes Some Creditors Are Paid Nothing in Chapter 13
Chapter 13 payment plans usually have you pay something to all of your creditors. But not necessarily. Certain creditors may get nothing.
Proofs of Claim of General Unsecured Creditors in Chapter 13
Often creditors’ proofs of claim do not affect the amount you have to pay in a Chapter 13 case. But sometimes they make a huge difference.
Post-Petition Income Tax Debts in Chapter 13
File your Chapter 13 “adjustment of debts” case at the right time to include all possible tax debts. Then budget right to prevent new ones.
Your Debts and the Timing of Filing Your Chapter 13 Case
There are various ways of dealing with debts that arise during the course of your Chapter 13 “adjustment of debts” case.
A Creditor Not Enforcing its Lien under Chapter 13
When a creditor fails to enforce its lien in a Chapter 7 case, you are left exposed. Not so under Chapter 13.
General Unsecured Debts Written Off under Chapter 13
To the extent you do not pay off your debts during a Chapter 13 payment plan, the remaining balance is usually legally written off forever.
“Strip” Your Second Mortgage Off Your Home
If your second (or third) mortgage is not backed by any equity in your home, you can “strip” that mortgage off your home’s title.