Kentucky Chapter 12 Discharge

State:
Kentucky
Control #:
KY-SKU-0355
Format:
PDF
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Description

Chapter 12 Discharge

Kentucky Chapter 12 Discharge is a form of bankruptcy available to farmers and fishermen in the state of Kentucky. It is a form of debt relief that allows individuals to reorganize their finances and pay back their creditors over a 3-5 year period. The goal of Chapter 12 is to help farmers and fishermen maintain their operations and avoid foreclosure or repossession. There are two types of Kentucky Chapter 12 Discharge: 1. Partial Discharge: This type of discharge allows a farmer or fisherman to pay a reduced amount of their debt over a period of time. This can help the individual avoid foreclosure or repossession of their assets. 2. Full Discharge: This type of discharge allows a farmer or fisherman to be relieved of all their debts in one lump sum payment. This can help the individual avoid foreclosure or repossession of their assets and provide them with a fresh start.

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FAQ

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

Not all debts are discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Code specifically excepts various categories of debts from the discharge granted to individual debtors. Therefore, the debtor must still repay those debts after bankruptcy.

Taxes, spousal support, child support, alimony, and government-funded or backed student loans are some types of debt you will not be able to discharge in bankruptcy.

You Have Too Much Debt. You must have no more than $419,275 of unsecured debt or $1,257,850 of secured debt to be eligible for a Chapter 13 bankruptcy. Secured debts refer to debts based on collateral, in which the creditor has the right to take property back if you do not make payments.

Is my mortgage debt discharged when I exit Chapter 13 Bankruptcy? A Chapter 13 Bankruptcy will not eliminate the lien on your home, unless the home is completely paid-off through the Bankruptcy. However, you may be able to remove a wholly unsecured junior lien.

Chapter 12 is designed for "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts.

Key Takeaways. Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.

What Is a Chapter 13 Debt Discharge? A Chapter 13 debt discharge is a court order releasing the debtor of all debts that are dischargeable. You don't have to pay back debts that have been discharged. Creditors are also prohibited from trying to collect debts after the case is finalized.

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Kentucky Chapter 12 Discharge