Will chapter 13 protect me from all of my creditors? 24 Answers as of May 30, 2013

Will it get rid of my debts?

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Debt Crushers
Debt Crushers | Emily Chase Smith
I wish I could say, "yes" and you would say "yea!", but it's not that simple - nothing with the federal government ever is. Chapter 13 is designed to protect you from your creditors by giving you the power of the automatic stay and discharging whatever debt is left over at the end of the plan. It will allow you to keep assets in proportion to the amount you pay to creditors (usually much more than in a Chapter 7). The exact circumstances in your situation really depend on the numbers.
Answer Applies to: California
Replied: 6/19/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Ch13 is a repayment type of bankruptcy. What you have to pay depends on your income. Creditors may not bother you while you are in bankruptcy, no matter what chapter you are in unless they get relief from the automatic stay.
Answer Applies to: California
Replied: 6/19/2012
Debt Relief Law Center | Roger J. Bus
Yes, the 11 U.S.C. 362(a) and 1301 "Stays" protect your from your creditors while you are in Chapter 13. Then you pay back through the Plan what you can afford on your unsecured debt.
Answer Applies to: Michigan
Replied: 6/18/2012
Debt Relief Legal Clinic | Daniel J. Wiedecker
*The act of filing a bankruptcy case places an 'automatic stay' of protection against all creditors, providing a period of time, in a Chapter 13 case, to determine the entire world of debt, and each each individual classification of debt thereof. Every case is different - some classifications of debt MUST be paid, and others may be paid only in portion, or not at all. The goal of a Chapter 13 case is to ensure that when the case is over (3-5 years), a petitioner no owes any of debt incurred prior to the case filing; it is either paid, or discharged. Therefore, theoretically if no new credit is obtained by the petitioner after the Chapter 13 case is filed, the petitioner will be debt free when the Chapter 13 case has completed. It is important you seek competent counsel in your jurisdiction to determine your qualifications and rights under Title 11 of the United States Code.*
Answer Applies to: California
Replied: 6/18/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
There are certain debts that a chapter 13 will not discharge but it can help you pay it over a period of time. So, if you file this chapter it can help manage your debts and pay them in a period not to exceed 5 years.
Answer Applies to: California
Replied: 6/18/2012
    Attorney At Law | Harry D. Roth
    It will provide protection from your unsecured creditors and allow you to handle your secured debt and tax debt and even child support debt in such a way as to allow you to pay on terms that you can handle rather than as you originally agreed. It will not discharge debt like student loans, most taxes and child support and it will not allow you to keep collateral (like a car or your house) without paying the debt.
    Answer Applies to: California
    Replied: 6/18/2012
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    The chapter 7 is a complete liquidation of your debt and will discharge them. chapter 13 is a payment plan that takes the course of a three or five year plan in which you will pay off your secured and unsecured creditors. You may discount your unsecured creditors based on a percentage of how much you make versus how much you owe.
    Answer Applies to: Connecticut
    Replied: 6/18/2012
    The Needleman Law Office | Scott Needleman
    A chapter 13 will protect you from most creditors with some exceptions.
    Answer Applies to: Ohio
    Replied: 6/18/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Depends on what types of creditors you have. You should discuss with an attorney to determine if your creditors can be discharged .
    Answer Applies to: Florida
    Replied: 6/18/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    Which creditors get paid in a chapter 13 depends on how much money you pay into your plan. That payment depends on your income, your property and your debts. As long as all your creditors are listed in the plan, the plan will take care if them and none of them will survive the bankruptcy.
    Answer Applies to: Alabama
    Replied: 6/18/2012
    Steven Alpers | Steven Alpers
    Ch 13 repays debts over time ch 7 discharges debts.
    Answer Applies to: California
    Replied: 6/18/2012
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    No bankruptcy will protect you from all your creditors. There are any number of debts that are not discharged in bankruptcy. More are discharged in a Chapter 13 than in a Chapter 7 but that is a different question.
    Answer Applies to: Washington
    Replied: 6/18/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Chapter 13 is a repayment plan. Chapter 7 is designed to eliminate debts.
    Answer Applies to: Georgia
    Replied: 6/18/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Normally, yes. Bankruptcy is a complicated process, but chapter 13 cases are extremely complicated. In Arizona less than 2% of those who do not have good bankruptcy attorneys are successful in their chapter 13 case. Therefore, it is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
    Answer Applies to: Arizona
    Replied: 6/17/2012
    Law Offices of Diann C. Moseley | Diann Moseley
    Yes, an automatic stay is issued against all creditors preventing them from attempting to collect their debts directly from you. Upon the completion of your chapter 13 plan, which usually lasts 36 to 60 months, all eligible debts will be discharged. Eligible debts include, but are not limited to, credit cards, medical bills, and unsecured signature loans. Debts which will not be discharged include student loans, child support, and certain years of income taxes. There are exceptions which a bankruptcy attorney in your state will explain to you.
    Answer Applies to: District of Columbia
    Replied: 6/17/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Either chapter 7 or chapter 13 will protect you from all of your creditors, but in a 13 you must pay them as high a percentage as you can during the course of 3 years, extended to 5 with the court's approval. In a 13 you only get rid of a portion of the debt. In a 7 you get rid of all of it.
    Answer Applies to: Florida
    Replied: 6/15/2012
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    It certainly will. So will Chapter 7. Most file 7.
    Answer Applies to: California
    Replied: 6/15/2012
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