Chapter 13, in some circumstances, can offer significant
advantages over Chapter 7. The main advantages are:
. More debts are dischargeable
in Chapter 13 than in Chapter 7;
Non-dischargeable back
taxes and child support can be repaid throughout the
case without interference from the creditors, and usually
without further interest and penalties once the bankruptcy
petition is filed;
A debtor can keep property
in a Chapter 13 which might be lost to the trustee in
Chapter 7;
. Secured debts in Chapter
13 are generally reduced to the value of the property
involved. For example, if a debtor has a vehicle worth
$6,000, but owes $8,000 against it, the secured debt
is reduced to $6,000--the value of the vehicle. (For
obvious reasons, this is referred to in legal jargon
as a "cram down".) Interest rates on secured
debts are generally reduced to 9%.
A debtor can prevent
auto repossessions and home foreclosures, and (in the
case of a home foreclosure) repay the delinquency over
a period of time. |