It is in your best interest to talk to an experienced lawyer before filing for bankruptcy under Chapter 13. Doing this ensures that you comprehend the rules and regulations which are associated with the filing. However, there are things that you may not be allowed to do while you have an ongoing bankruptcy case.
This article talks about how Chapter 13 bankruptcy may directly influence your decisions to take a vacation, invest in a new asset class, and start your own business.
Things To Remember In A Chapter 13 Filing
Chapter 13 bankruptcy allows you to reorganize your debts and create a payment plan of three to five years. Here are some important things to note when filing for Chapter 13 bankruptcy.
Secured debts are those that are backed by collateral, such as a car loan or a mortgage. In a Chapter 13 bankruptcy, you have the option to keep the collateral and continue making payments on the debt. In contrast, you can surrender the collateral and have the debt discharged.
Once you’ve listed out how you plan to pay a portion of your unsecured debts, the court will appoint a trustee who will oversee your scheduled loan payments. Do keep in mind that there are fees associated with having a trustee.
Things You Do That May Be Affected By Chapter 13
When filing for bankruptcy, there are several things that a petitioner cannot do. Violating any of these restrictions can result in the dismissal of the bankruptcy case, the loss of bankruptcy protections, or even criminal charges.
It is possible to go on a vacation after filing for Chapter 13 bankruptcy. In fact, you are free to take as many vacations as you would like during the three to five-year period after you’ve filed for Chapter 13.
There are however a few stipulations that are well worth keeping in mind. You will still need to ensure that you are back in the United States to attend any bankruptcy-related meetings to which you are summoned. Secondly, you must be able to keep paying all of your scheduled loan payments such as your mortgage payments.
Once you’ve filed for bankruptcy, it is possible to start rebuilding your investment portfolio. However, you must seek court approval before you start investing in a new asset class. For example, you’ll likely have to obtain court permission to start investing in cryptocurrencies such as Bitcoin.
As soon as you have filed for bankruptcy, you are allowed to start a new business, despite having just filed for bankruptcy. However, you will need to obtain approval from the bankruptcy court before starting a business. Starting a business can affect your ability to make payments to creditors and can potentially impact the terms of your Chapter 13 plan.
Talk To A Chapter 13 Bankruptcy Attorney
If you’re planning to go on vacation while in the midst of a Chapter 13 bankruptcy case, it’s important to talk to a bankruptcy attorney beforehand. Bankruptcy lawyers such as those from Lincoln-Goldfinch Law can help ensure full compliance with the provisions of the law. They can also provide guidance on how to manage your payment plan while on vacation and ensure that all necessary paperwork is filed before you leave.
Additionally, bankruptcy cases involve court dates, and your vacation plans could coincide with one of these dates. Failing to inform the court of your travel plans could have legal consequences, so it’s crucial to discuss this with your attorney beforehand. Unexpected expenses during vacation could also impact your bankruptcy case, so an attorney can help you anticipate and plan for any potential issues.
In conclusion, you may be pleasantly surprised by how much freedom you’ll still have over your life even if you do choose to go ahead and file for Chapter 13. As mentioned earlier, you can still travel both domestically and internationally or start a new business.
Remember that one of the keys to being able to achieve a high degree of financial autonomy is to ensure that you continue to make all of your planned loan payments. Also, seek the services of an experienced Chapter 13 bankruptcy lawyer to help you make well-informed decisions.
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