Chapter 13 Bankruptcy Rules, Reasons to File

This option offers a way to restructure debt, keep your home, and repay over three to five years.

Sean Pyles
Kate Ashford, WMS™
Pamela de la Fuente
Updated
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Chapter 13 is one of two bankruptcy options for individuals. It lets you reorganize overwhelming debt in a way that's more manageable.
Under the protection of a federal court, you set up a repayment plan that takes three to five years to complete.
It's nicknamed “wage earner's” bankruptcy because you need a regular source of income (like a paying job) to qualify.
A good outcome is one where you resolve some debts and get current on "secured" loans where you hold collateral, like for a home mortgage or car.
Chapter 13 bankruptcy takes longer than Chapter 7 (the other option for individuals), which forgives most forms of debt, including credit cards, medical bills and personal loans.
Secured vs. unsecured debt: Secured debt is a loan for something you own and that can be taken away by the bank, like a car or home. Unsecured debt is the debt that doesn’t have specific collateral attached, like medical debt, student loans and credit card bills.

Chapter 13 eligibility

Chapter 13 pros and cons (according to Reddit)

We used an AI tool to help analyze and summarize feedback from Reddit threads about Chapter 13. People post anonymously, so we cannot confirm their individual experiences or circumstances.

Pros

It stops harassment from debt collectors.

It often results in paying less than the full repayment amount.

It provides a structured plan with an end date.

Cons

Payments and attorney fees can be high.

You must follow a strict budget throughout your repayment plan.

The process is complicated to navigate.

Overall, redditors describe the Chapter 13 process as pretty darn daunting, given the complex filing process and strict, court-ordered budget to follow for years.
Still, for many, Chapter 13 is more of a necessity than a choice. It can be a way to “save the home,” users say.

Chapter 13 filing proces

As a first step, you have to meet with a credit counselor from a nonprofit credit counseling agency, which is a good thing. It’s also a good idea to meet with a bankruptcy attorney.
Both initial consultations should be free. These meetings will help you decide whether bankruptcy is the best route. If it is, you and your attorney can take the next steps.
Here’s how it works if you decide to file:
  1. Fill out paperwork: Your attorney will help you fill out forms, which will require information on your whole financial picture, including debts, income, property and monthly expenses.
  2. Submit bankruptcy petition: This is the act of “filing,” and it sets off the process. A bankruptcy trustee will be appointed to administer your case, and you’ll enter what’s called an “automatic stay.” This will cease most attempts to collect on your debts.
  3. Submit payment plan: A key part is putting together and submitting your proposed repayment plan. You have to do so within 14 days of filing the petition, and will need to start making payments on the plan within 30 days.
  4. Attend meeting of creditors: Between 21 and 50 days after filing the petition, the trustee will host a meeting where creditors (the organizations you owe money to) can ask questions and discuss your matter with you.
  5. Attend confirmation hearing: There'll be a hearing to confirm your plan, in which you, the trustee and creditors who wish to attend can be there.
  6. Payment: If all goes well, you’ll follow your new payment plan over three to five years.
You also have to take a “debtor education course” from a nonprofit credit counseling agency before completion.

What’s the Chapter 13 success rate?

About half (49%) of Chapter 13 consumer cases closed in 2024 were successfully completed, according to data from U.S. federal courts.
Cases are often dismissed before completion because of failure to make plan payments.

Is Chapter 13 bankruptcy right for you?

Given the stat above, it’s important to be ready for what’s expected of you before going forward.
You may consider bankruptcy if you have difficult debts that account for more than 40% of your annual income or would take five years or more to pay off even if you took extreme measures.
Chapter 13 may be your best bankruptcy route if:
  • You want to keep certain assets or you’re behind on your mortgage or car payments and want to make them up over time.
  • You have a co-signer on a delinquent account. That person is protected under Chapter 13, as opposed to Chapter 7.
Some debts typically can’t be erased in bankruptcy, including recent taxes, child support and student loans.

How long does Chapter 13 bankruptcy stay on your credit report?

Bankruptcy will affect your credit, but it’s not forever.
Chapter 13 will fall off your credit report seven years after you file, as long as you’ve completed your repayment program successfully.
The good news is you can immediately start to offset that negative mark by keeping up with your bills and paying on time. Payment history has the largest influence on your scores.
» MORE: If Chapter 13 doesn't feel like a fit, there are other debt relief options.

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