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Chapter 13 Bankruptcy: Is it Right for You?

If you’re struggling to pay your bills, but just need a little more time, or considering bankruptcy but are unable to qualify for Chapter 7, filing a Chapter 13 bankruptcy petition might be an option.

You can arrange a free, no-obligation consultation with an attorney in your area today to find out how Chapter 13 bankruptcy may work for you.

Call us at 877-421-3761 or complete this 100 percent free bankruptcy evaluation form, and we’ll promptly put you in touch with a bankruptcy attorney in your area.

Ask the attorney which chapter could work best for you.
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Chapter 13 Bankruptcy Overview

For those who have a job with a somewhat steady income, yet are still overwhelmed by their debt, seeking Chapter 13 bankruptcy protection could be a wise decision.

Chapter 13 bankruptcy can provide some financial breathing room by liquidating many of your debts and helping you organize a sensible debt repayment plan.

Typically a Chapter 13 bankruptcy works better than a Chapter 7 bankruptcy for those who:

  • Need to keep their homes
  • Have tax debts. Under Chapter 7, many tax debts are not dischargeable. However under the Chapter 13 bankruptcy plan, you have the opportunity to repay them over time.
  • Have nonexempt property that they want to keep. With Chapter 7 you may be forced to give up this property; however Chapter 13 bankruptcy may allow you to keep it.
  • You have already received a Chapter 7 bankruptcy in the past eight years. You cannot file Chapter 7 bankruptcy more than once in eight years.
  • Want to protect cosigners on debts
  • Have steady income and want to get on a long-term repayment plan

How Filing Chapter 13 Works

The Chapter 13 case starts off with preparing and filing of your bankruptcy petition.

You are required to give personal information about yourself, your spouse, your family, all of your income, your property, your expenses and all of your debts.

Soon after your petition is filed, the bankruptcy court clerk will send out a note to your creditors about your case. Next, your case will be assigned to a bankruptcy trustee who reviews you case.

An automatic stay order is often issued to prohibit most of your creditors from collecting your debts, repossessing your automobile or other property, or starting any legal actions against you throughout the course of your bankruptcy case.

The centerpiece of your Chapter 13 bankruptcy case is your repayment plan. Your repayment plan is an understanding between you and your creditors. As long as you show your commitment to repaying all of your debts over time, your creditors should agree to forgive some of your debts.

You will make payments each month to your appointed bankruptcy trustee, who then makes payments to your creditors. Usually the plan will last three to five years. As long as you make these payments, the creditors are required by law to abide by the rules of your repayment plan.

Pre-Filing Requirements

Prior to filing your Chapter 13 bankruptcy petition, an approved credit counseling agency must give you a briefing. They will also explain options available to you and help you do a budget analysis. Your bankruptcy attorney can direct you to the appropriate credit counseling agency.

Pre-Discharge Requirements

Prior to receiving your Chapter 13 discharge, you must complete an instructional course about personal financial management. Your bankruptcy lawyer can direct you to an appropriate class.

Ready to Take Charge of Your Future?

If you are ready to make some serious financial changes in your life and take control of your debt, give us a call at 877-421-3761.

Within minutes, you will be connected to a local bankruptcy attorney in your state who can help you prepare a Chapter 13 petition. Explore the opportunity to receive a clean slate and a fresh start.

representative available 24/7 – Call 877-421-3761

 

We know that you really want to pay your bills, but just need a little more time or perhaps you did not qualify for Chapter 7.

Filing a Chapter 13 bankruptcy petition just might be your best option.

At Total Lawyers, we have a network of bankruptcy attorneys that can answer your questions and help you file a Chapter 13 petition.

 

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