“If [a filer] falls behind, then the trustee files a motion to dismiss, which [the filer] would either allow or explain to the judge what happened, and [their] plan for getting back current,” Albaugh said. Without a plan to get back on track, Albaugh said a homeowner could be facing some trouble. “If you were using [Chapter 13] to get caught up on a house, then the foreclosure process starts back up again and you lose that bankruptcy protection,” he said.
Basically, the trick is to aggressively dispute negative records, especially older ones, and force the source of that information (otherwise known as “data furnishers”) to produce verifying documentation. A lot of times, the so-called data furnishers can’t, which obligates them to stop reporting the negative item to the credit bureaus and thus removed from the consumer’s file.
The payment amount and duration are not based on what it would take to pay off the full amount of the debt, but are instead based on calculations determined by the income of the filer, their discretionary income, their assets and their debt. Instead of forcing the debtor to tackle the full amount of their current debt at its current interest rates, Chapter 13 gives a debtor the opportunity to pay off a percentage of the debt based on what they can afford to pay over a three- to five-year period.
Start by getting debt help from a credit counselor. The counselor might even help you negotiate your own agreements with creditors. If you develop and follow a get-out-of-debt plan with the help of a counselor (as opposed to consolidating your debt), your credit score will rise over time faster than it will if you declare bankruptcy or ignore your debts, as you make on-time payments and reduce your overall debt load. You’ll also avoid the hit to your score that comes with the new hard inquiry we talked about earlier.
Each time you apply for credit is listed on your credit report as a “hard inquiry” and if you have too many within two years, your credit score will suffer. In general, a consumer with good credit can apply for credit a few times each year before it begins to affect their credit score. If you’re already starting with below-average credit, however, these inquiries may have more of an impact on your score and delay your ultimate goal of watching your credit score climb.