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Wage Earner Bankruptcy Basics

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If you're an individual or a sole proprietor, you are allowed to file for a Chapter 13 bankruptcy to repay all or part of your debts. Under this chapter, you can propose a repayment plan in which to pay your creditors over three to five years.

If your monthly income is less than the state's median income, your plan will be for three years unless the court finds "just cause" to extend the plan for a longer period. If your monthly income is greater than your state's median income, the plan must generally be for five years. A plan cannot exceed the five-year limitation.

Many people who file Chapter 13 bankruptcies have:

  • Mortgages or other loans they would like to bring current, so they don't lose their homes or other property

  • Taxes, child support or student loans that can't be wiped out by Chapter 7 bankruptcy

  • Moral convictions that all debts should be paid no matter how long it takes

 

Member of The American Bankruptcy Institute

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