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Chapter 13 Bankruptcy

Produced by Mariah Jennings-Rampsi, South Coastal Counties Legal Services
Created March 2015

COVID-19

You can ask the court for up to 7 years to repay your debts if:

  • Your chapter 13 plan was confirmed before March 27, 2020, and
  • You have a COVID-19 related reason.

File a "Motion to Modify."  Talk to a lawyer.  You have to ask before April 26, 2021. 

In a Chapter 13 bankruptcy you agree to a monthly plan for paying back part of your debt. Chapter 13 bankruptcy takes three to five years.

Sometimes Chapter 13 bankruptcy can help people avoid foreclosure.

A Chapter 13 may be a good idea for you if:

  • you have steady income, but
  • you lost your income for a short time because of an illness or job loss and you fell behind on your mortgage or car payments.

If you have a steady income and you can afford your mortgage, a Chapter 13 plan forces the lender to accept payment for the ones you missed. You can you keep your house or car.

If you make all the payments in the plan, you will no longer owe any of the dischargeable debts listed in the bankruptcy.

Filing without a lawyer

  • Bankruptcy is complicated. Filing without a lawyer is risky.
  • You can lose property and money. You can go to jail if you do not tell the truth.

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