A chapter 7 bankruptcy case does not involve filing a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor’s nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor’s property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code
will allow the debtor to keep certain “exempt” property; but a trustee will liquidate the debtor’s remaining assets. Accordingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.
A chapter 13 bankruptcy is also called a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. The debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor’s current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period “for the cause.”1 If the debtor’s current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. §1322(d). During this time the law forbids creditors from starting or continuing collection efforts
If you plan on lending money or valuables to someone -- even if it is a close friend or family member -- it often makes sense to put the expectations of the loan in writing, to avoid confusion or ill-will later. "Get it in writing" is the function of a Promissory Note: to outline the terms and repayment schedule of a loan.
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Debtor Education Course
To successfully file for personal Bankruptcy, a Debtor must complete a Credit Counseling Course before filing, and a Debtor Education Course after filing but before a discharge is entered.
The completion of these courses must be verified and approved by the U.S. Trustee. Failure to file certification that these courses have been completed at the appropriate time may result in your case being dismissed or your discharge denied!
Debt Education Course