Legal Question in Bankruptcy in North Carolina

Can someone explain how Chapter 13 bankruptcy works in simple terms?


Asked on 5/14/25, 3:01 am

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

A Chapter 13 bankruptcy proposes monthly payments to the Bankruptcy Trustee for anywhere from 36 to 60 months. The amount of the monthly payment depends upon your income and other factors such as priority debts owed (taxes, etc), secured debts and the amount needed to cure past due payments (car, house), and whether or not the Bankruptcy Code requires any payment to your unsecured creditors (credit cards, unsecured loans, student loans, medical bills, etc). A Plan is filed which proposes the monthly payment and the terms (how many months, who gets paid how much). The Plan must be confirmed by a Judge. Once confirmed, if all of the payments required by the Plan are paid, a Discharge is entered which releives you of obligations to pay most debts. There are some exceptions to discharge.

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Answered on 5/14/25, 10:00 am


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