If the debtor is temporarily out of work, injured, or otherwise unable to make the payments required under a chapter 13 plan, the plan can usually be modified so as to enable the debtor to resume the payments when he or she is able to do so. If it appears that the debtor's inability to make the required payments continue indefinitely or for an extended period, the case may be dismissed or converted to chapter 7.

Secured creditors may retain some rights to seize property securing an underlying debt even after a discharge is granted. Depending on individual circumstances, if a debtor wishes to keep certain secured property (such as an automobile), he or she may decide to "reaffirm" the debt. A reaffirmation agreement is an agreement by which a bankruptcy debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt.

A reaffirmation agreement is a contract that is signed where the debtor agrees to reaffirm the debt. Some creditors will require that the debt be reaffirmed at the previous interest rates and balance, while others will offer a lower rate and/or reduced balance in exchange for an agreement to repay. Not all states require that a reaffirmation agreement be signed because mortgage companies, banks and other lenders will not generally repossess an item if the debt continues to be paid.

Of the letter series that Direct Debt Collections offers, one allows you to set up a payment program reminder service for the debtor. A monthly payment reminder will be mailed to the debtor with a perforated payment stub and return envelope.

wishes to repay all or most of his or her unsecured debts and has the income with which to do so within a reasonable time, has valuable nonexempt property or has valuable exempt property securing debts, either of which would be lost in a chapter 7 case, has one or more substantial debts that are dischargeable under chapter 13 but not under chapter 7, or has sufficient assets with which to repay most debts, but needs temporary relief from creditors in order to do so.

Under certain circumstances a debtor may be able to modify a secured debt such as a vehicle or mobile home. The debtor may have the need for bankruptcy relief for future bills and wants to hold open the possibility for conversion or refilling [e.g. anticipated medical bills].

Non-dischargeable debts such as student loans, parking tickets, government debts, child support and alimony, some IRS debts and fraudulent debts. Some exceptions do apply. Consult with a Leeders & Associates, Ltd. attorney to find out your legal rights.

As a general rule, most credit card debt, medical, and court judgments are discharged. Debts that are typically not dischargable include debts incurred to pay nondischargable taxes, back child support and alimony, debts owed under a marital settlement agreement, debts for personal injuries or death resulting from your drunk driving, student loans, and court-imposed fines.

Student loans unless repayment is found by the bankruptcy court to constitute an undue hardship on the debtor. Debts found to have been incurred through fraud, defalcation of fiduciary duty and willful and malicious injury.

If you truly cannot make payments on your home or other assets you're probably better off filing Chapter 7 and using the money you would have spent on Chapter 13 to survive on.

The debtor should immediately notify the bankruptcy court in writing of the new address. Because most communications between a debtor and the bankruptcy court are by mail, it is important that the bankruptcy court always have the debtor's current address. Otherwise, the debtor may fail to receive important notices and the chapter 7 case may be dismissed. Many courts have change-of-address forms for debtors to use when they move, and the debtor should obtain one if a move is planned.

A discharge will be denied in a later chapter 7 case if the debtor has been granted a discharge under chapter 7 or chapter 11 in a case filed within six years before the second petition is filed.