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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31787
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a professional photographer in the state of ...

Customer Question

I am a professional photographer in the state of Pennsylvania. My attorney is advising I file chapter 13. This will result in my back state and federal taxes being handled via a court appointed trustee.     My question is: After I file chapter 13 can re-incorporate under another business name and continue doing professional photography? I have to close down completely my professional photography business.
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 9 years ago.

If you file a Chapter 13, you can continue doing business under your existing corporation. This type of bankruptcy is a re-organization of debt supervised by the court, instead of a liquidation.

The Bankruptcy Code anticipates the goal of Chapter 13 as enabling income-receiving debtors a debtor rehabilitation provided they fulfill a court-approved plan. Compare the goal of Chapter 13 with the relief contemplated in Chapter 7 that offers immediate, complete relief of many oppressive debt(s).

The disadvantage of filing for personal bankruptcy is that a record of this stays on the individual's credit report for 10 years. During the pendency of a Chapter 13 case the debtor is not permitted to obtain additional credit without the permission of the bankruptcy court. Moreover, creditors may not be willing to risk lending money to such an individual. However, this disadvantage is not unique to Chapter 13; it may also apply to individuals currently in a Chapter 11 case, Chapter 12 case or those who are in or have recently been in a Chapter 7 case.

The advantages of Chapter 13 over Chapter 7 include: the ability to stop foreclosures and to have a mortgage that has been accelerated declared reinstated upon bankruptcy plan completion; to achieve a super discharge of debts of kinds not dischargeable under Chapter 7; to value collateral; to bifurcate the security interest of creditors in certain property that creditors are either charging too much interest for, or are over-secured, or both, and in some cases; to prevent collection activities against non-filing co-signers (co-debtors) during the life of the case.

A Chapter 13 plan is a document filed with or shortly after a debtor's Chapter 13 bankruptcy petition.

The plan details the treatment of debts, liens, and the secured status of assets and liabilities owned or owed by the debtor in regard to his bankruptcy petition. In order for plans to take effect, it must meet a number of requirements. These are specified in § 1325 and include:

  • providing that unsecured creditors will receive at least as much through the chapter 13 plan as they would in a chapter 7 liquidation
  • either not be objected to, repay all creditors in full, or commit all of the debtor's disposable income to the Chapter 13 plan for at least three years (or five years for a debtor who makes an above median income)

Please let me know if you have any additional questions. If not, please clic "Accept" so I may receive credit for my time. Thanks.

Expert:  Roger replied 9 years ago.
Please let me know if you have any additional questions. If not, please clic "Accept" so I may receive credit for my time. Thanks.