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What Are The Disadvantages Of Chapter 13 Bankruptcy?
While Chapter 13 can offer some real advantages to a debtor, there are significant disadvantages as well:
- A. Chapter 13 cases are now coming under greater scrutiny from the court and from the trustee;
B. If a debtor has a significant increase in income midway through the case, monthly payments to the trustee may be increased as well;
C. A Chapter 13 case requires a debtor to be "in bankruptcy" for at least three years, whereas a Chapter 7 case is normally concluded within four months;
D. Lump-sum distributions, i.e., personal injury settlements, inheritances, etc.) received during the case normally have to be turned over to the trustee.
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