Living With The Rules of Chapter 13 Bankruptcy

These days, nobody likes to follow the rules, especially when it comes to filing bankruptcy. Being in a Chapter 13 bankruptcy plan will have the debtor tied down to a bunch of rules for 3 to 5 years. It's like having a dentist appointment for a root canal and it seems it just won't end. Do you know how you have that feeling that you would rather be anyplace in the world but here and yet you have to be there? Even though you don't want to be there you have to go through it and behave, following all the dentist's rules.

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When filing Chapter 13 bankruptcy, every different district has their own set of rules that the filer must follow. One rule that most filers have trouble with is borrowing money without permission. In a Chapter 13, the person filing cannot take on any more debt without consulting with the bankruptcy court. Most courts even require the debtor to send their tax returns to the trustee for review. If there are any changes, or even a refund, the trustee might want to adjust the budget or even take part or all of the tax refund. You are at the mercy of the bankruptcy trustee and what rules they require the debtor to file to complete the plan.

If you don't want to have problems and receive the maximum benefits of your Chapter 13, you'll want to do things the way the trustee wants them done. Just like the old expression when in Rome do as the Romans do. Not following along with the simple rules given to you can cause trouble that might require the added involvement of your bankruptcy attorney. If you mess up, the bankruptcy attorney will charge you. That's just what they do. This will just give them more billable hours. I think it's a lot easier to just follow the rules.

If you continue to try and buck the system, with your rebellious attitude, the bankruptcy judge might just throw out your Chapter 13 case. This is probably the worst thing that could happen to you. You will have a bankruptcy filing on your credit report, the creditors will be all fired up and coming after you, and you may be in worse shape than when you began.

If you're having trouble going with the flow of the court, you might consider converting your case to a Chapter 7 bankruptcy. This of course can't happen unless you qualify under the means test. If your financial circumstances have changed and you no longer can afford to stay in the Chapter 13 bankruptcy plan this is something that should be considered.

Trying to convert to a Chapter 7 if you'd knowingly disobeyed court orders in your Chapter 13 bankruptcy plan, you can run the risk of being denied a discharge entirely. Honesty is the best policy when it comes to filing bankruptcy. The reality is, the rules were put there for a reason and it's best to just suck it up and deal with them. If there's something that's just impossible for you to follow consult your bankruptcy attorney and face it head on and try to change it at the court. And if the judge doesn't want to change it, learn to live with it.

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