In most cases, Chapter 13 is filed to save a home. Chapter 13 is used to allow a homeowner to catch up on past due mortgage payments.
Chapter 13 allows for a repayment plan. The repayment plan provides for the following
- Payment of the past due mortgage amounts, in a period up to 60 months
- Regular current payment of the mortgage
- Payment to the trustee
- Payment on other debts (this can be from 0% to 100% of the other debt, depending on the type of debt, and disposable income)
Often, the mortgage becomes late (delinquent) because a person loses income, such as from a period of unemployment.
To complete a Chapter 13 plan, a debtor needs to afford to make all regular payments on its normal monthly bills (including a mortgage payment) as well as a Chapter 13 plan payment.
A Chapter 13 bankruptcy can allow a debtor to stop a foreclosure, to allow a debtor to attempt to catch up on mortgage payments.
If you have any questions about Chapter 13 bankruptcy, please feel free to contact Attorney Singer.
Attorney Robert M. Singer
2572 Whitney Avenue
Hamden, CT 06518