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Eligibility for a Chapter 13 debt discharge in bankruptcy

Chapter 13 bankruptcy is a solution that may be available to wage-earning consumers in Wayne County to help them to get their debt situation under control. Consumers make periodic, manageable payments over a three- to five-year time frame.

What happens once the repayment period is up and the consumer has succeeded in adhering to the plan and making all required payments? The consumer is then eligible for a Chapter 13 debt discharge. In order to get the discharge, the consumer will have to have done up to four things.

The consumer must have completed an approved course in financial management. The consumer must also not have received a discharge in a previous bankruptcy case within a certain time frame. That time frame is four years for any prior Chapter 7, Chapter 11 and Chapter 12 cases and two years for any prior Chapter 13 cases.

If the consumer has domestic support obligations, he or she must certify that all such obligations that came due prior to the making of the certification have been paid. Finally, the bankruptcy court must determine that there is no reason to believe that any pending proceeding exists that might result in a limitation on the consumer's homestead exemption. This determination is made after a hearing for which the consumer must receive notice.

Some debts will not be discharged in a Chapter 13 bankruptcy. Child support, spousal maintenance, student loans and certain debts arising from court judgments are examples of debts not likely to be discharged in Chapter 13. Chapter 13 bankruptcy may be one option for Michigan consumers seeking a fresh financial start.

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    Posted by MaryDecember 11, 2015

    "I am overwhelmed by your response to my call, even 10 years after my bankruptcy was discharged. You have more knowledge and expertise than I could have imagined. Because of you, my fears have been put to rest. For that, I'm so very grateful. Thank you many times over. "

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    Posted by ClientOctober 26, 2010

    "... I was extremely impressed with Charles' understanding of the bankruptcy laws to the extent that I felt certain that my best interests were always at the forefront. "

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    Posted by MarleneJanuary 8, 2014

    He helped me thru my 1st bankruptcy and now the second. I had no idea what to expect , but they kept me informed and answered all my questions. Mr. Schneider is the most experienced and knowledgeable lawyer I have ever met. If you have to file call this attorney first!

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