What is Chapter 13 Bankruptcy?

Chapter 13 is the reorganization provision of the bankruptcy code and is sometimes referred to as the “wage earner” provision. Chapter 13 allows debtors with a steady source of income to create a repayment plan by which creditors will be paid over an extended period of time. Generally, the plan will be such that creditors will be paid out over a three to five year period. In the plan, creditors do not necessarily have to be paid in full but they must receive as much as they would have received had the debtor filed under chapter 7 of the bankruptcy code. The plan is structured based on the income of the debtor net living expenses. The benefit of the chapter 13 bankruptcy is that the debtor is allowed to keep all of his or her property. Once the debtor has fulfilled the obligations under the plan, the debtor will be discharged from the debts that were not paid under the plan.