If you have insurmountable debts, you may have decided to consider filing for Chapter 13 bankruptcy. There are several advantages to doing so. For example, Chapter 13 bankruptcy can potentially help in stopping or delaying a home foreclosure.
When you file for Chapter 13 bankruptcy, an automatic stay is put into effect, which stops all collection actions, including foreclosure, by creditors. This gives you time to work out a repayment plan with your creditors, including your mortgage lender, while protecting your assets from seizure or sale.
You will then make monthly payments to a court-appointed trustee. In turn, the trustee will distribute the funds to creditors according to the repayment plan. As long as you stay current on your repayment plan, you can keep your home and avoid foreclosure.
Filing for bankruptcy is a major life decision and doing it with the help of a bankruptcy attorney is crucial. However, keep in mind that there are several things that a petitioner cannot do.
Things To Avoid After Filing For Chapter 13 Bankruptcy
A Chapter 13 bankruptcy can bring you debt relief. However, certain limitations and restrictions apply to the petitioner. Here are some things that you, as a Chapter 13 bankruptcy petitioner, cannot do.
Traveling If Not Able To Make Scheduled Loan Payments
If you fail to make regular payments to your appointed trustee, then it may not be the best idea to travel. This holds whether you intend to travel either domestically or internationally. However, this does not apply if you make regular payments and attend your scheduled meetings.
Opting Out Of Paying Child Support Payment
Filing for Chapter 13 bankruptcy does not stop child support obligations. Child support is considered a priority debt under bankruptcy law, which means that it must be paid in full and cannot be discharged in bankruptcy.
Stopping Any Court-Mandated Alimony Payments
Alimony payments are considered a priority debt and must be paid in full under the Chapter 13 payment plan. If you fall behind on your alimony payments, your ex-spouse can still pursue legal action to enforce the payments.
It’s worth noting that Chapter 13 bankruptcy may provide some relief to debtors who are struggling to make their alimony payments due to other financial obligations, such as high medical bills or credit card debt. By restructuring their debts, they may be able to free up more money to make their alimony payments and avoid falling behind.
Avoiding Disclosure Of Tax Returns
Filing for Chapter 13 bankruptcy does not necessarily avoid the disclosure of tax returns. The bankruptcy process requires the debtor to disclose a significant amount of financial information to the bankruptcy court and trustee. It includes tax returns and other financial statements.
Failure to disclose tax returns or any other financial information can result in the dismissal of the bankruptcy case, fines, or even criminal charges.
Invest Without The Court’s Permission
If a Chapter 13 petitioner wants to invest money while in bankruptcy, they would need to file a motion with the court seeking permission. You would need to provide a detailed explanation of the investment opportunity. This includes how much money you plan to invest and what the potential returns are.
The court will review the motion and determine whether the investment is in your best interests and that of your creditors. If the court approves the investment, you may be required to use any returns they earn to pay off their outstanding debts.
Seek The Help Of A Skilled Bankruptcy Attorney
Filing for bankruptcy can be a complex and time-consuming process. One mistake could result in significant financial consequences. An attorney can help you avoid common mistakes, such as filing for the wrong type of bankruptcy or missing important deadlines.
Lincoln-Goldfinch Law has a team of dedicated bankruptcy attorneys that will help you face the reasonable restrictions imposed by bankruptcy. You don’t need to worry that you may never travel or start a new business.
Filing for Chapter 13 will help you clear your debts and will allow you to take control of your financial future. Though it will impose certain restrictions, you are still free to do certain things. These include traveling domestically and abroad, starting a business, and creating a new investment portfolio.
With that said, it’s in your best interests to talk to an experienced bankruptcy attorney to help you with Chapter 13. Keep in mind that a skilled Chapter 13 attorney can tell you if you’re qualified to file and will help you through the process.