Filing a Chapter 13 Bankruptcy
Chapter 13 Bankruptcy is a flexible and more reliable solution for people looking to settle their debts. It is suitable for people with regular income but overwhelming debts. Through Bankruptcy and Chapter 13, the consumers can get 3-5 years of debt repayment plans with reduced interest. At the end of the tenure, the debt payment is compared with debt balance. If the the compared amount is less, the remaining debt is discharged. Essentially, the Chapter 13 Bankruptcy is a plan that allows you to get caught up on past-due payments during a structured 3-5 year plan and repayment. This can help to stop certain things like foreclosure, repossessions, wage garnishments, judgements, etc. and allow the client to work on getting caught up without the burden of stress and anxiety from everything else life is throwing their way.
Immediate Release from Financial Strain
Automatic stay is one of the most powerful aspects under consumer bankruptcy laws. When a Chapter 13 bankruptcy case is filed, an automatic stay immediately comes into effect; it stops the law suits, creditors, wage garnishment, and debt collectors from bothering you.
Simply put, you get your due right of help and the pressure from financial creditors is released as early as just a few days.
What is Chapter 13 Bankruptcy?
Chapter 13 Bankruptcy is a desirable option for people who want releif from the high levels of secured debts on payments from valuable properties that they have acquired without losing that asset or secured debt. It helps give the client breathing room to get caught up and discharge a portion of the debts that while keeping their property and secured assets.
How to File Chapter 13 Bankruptcy
After your consultation your attorney will prepare schedules and petitions that contain details of your wage, income, and assets that were collected during the bankruptcy means test. These petitions will be submitted to the bankruptcy court.
After the case is filed, the court chooses a bankruptcy trustee to supervise and oversee your case. Then you and our attorney will prepare and submit the 3-5 year repayment plan to the courts and trustee. The due payments are made as is for secured debts. The plan may or may not require the repayment of unsecured debts; in many cases the unsecured debt (I.E. Credit cards, medical bills, etc.) is discharged. The trustee and creditors can raise objections on the repayment plan which our attorney will handle with the courts. After the approval of the plan, the consumer is obliged to make the due payments on the scheduled dates. The creditors are not allowed to charge you for required payments that were left unpaid and also cannot continue to pile up interest, fines, penalty’s or other late fees.
The Bankruptcy Discharge
In the repayment plan, some part of your unsecured debt is lifted, which means that you do not have to make the payments of that part of debt and it is successfully discharged. The creditors and debt collectors cannot harass you to make those payments. But of course, in certain instances they will continue to call, attempt, collect and threaten to sue (all violations of the law). An injunction is entered by the court that prohibits the creditors and debt collectors from attempting to collect the discharged debt.
Violation of the injunction occurs when the debt collector ignores the court orders. In this case, the bankruptcy case is reopened and the court may order the creditor or debt collector to pay you the damages. In these instances, our firm, will attempt to re-open the case and bring action against the creditor or debt collector in order to go after damages for violating the law on your behalf.
We aim to make a real difference in your life, not only by restricting the creditors from harassing you, but also by preparing post-repayment plan credit report auditing. This is necessary to ensure that the creditors do not jeopardize your credit report, which is now a clean slate. We make sure that the creditors do not put your fresh start in danger. If any such action occurs, we take the violator to the court and hold them accountable.
Are You Eligible for Chapter 13 Bankruptcy?
Unlike Chapter 7, passing the means test is not required to qualify for Chapter 13 bankruptcy. The requirements for Chapter 13 bankruptcy include:
A regular income to plan the repayment schedule
The limit to unsecured debt is $383,175 and secured debt is $1,149,525. If your debts are more than the limit, you might not qualify for Chapter 13 bankruptcy.
You can also use income from the following to fund a Chapter 13 Bankruptcy:
- Regular wages or salary
- Income from self-employment
- Wages from seasonal work
- Commissions from sales or other work
- Pension payments
- Social Security benefits
- Disability or workers’ compensation benefits
- Unemployment benefits, strike benefits, and the like
- Public benefits (welfare payments)
- Child support or alimony you receive
- Royalties and rents, and Proceeds from selling property, especially if selling property is your primary business.
Filing Chapter 13 bankruptcy
Filing bankruptcy Chapter 13 means that you have agreed to make the debt payments as per the scheduled repayment plan. It is a financial commitment and you should be responsible and stronger enough to abide by it. Your attorney should be well-versed and should have in-depth knowledge and experience in Chapter 13 bankruptcy.
How We Stand Out
A majority of the attorneys and solo practitioners or “”General Practitioners”” do not have adequate experience required to provide reliable protection through the bankruptcy court code and laws. We are reliable and dependable with a combined 30 years of experience in providing successful protection to thousands of consumers in bankruptcy matters.
Besides that, we also offer highly personalized services to our valued clients that smaller firms and attorneys just can’t provide due to their limitations and practice. With case-specific evaluations and consultations, we help find solutions that do not rely on cookie cutter techniques. With us, you can take the first step towards 720+ credit score and head to a brighter future today. We have flexible and easy to manage payment plans and schedules for our clients. We tailor the solution to every client in order to eliminate secured and un-secured debts through the bankruptcy process and then work with the other federal consumer laws to protect you moving forward.
Get Access to Justice Today
Stop worrying about your future and stressing about your financial situation by contacting our law firm for a free consultation to understand your legal rights immediately. Wajda & Associates and our staff are here to guide you through the process with the least amount of stress possible. We can put an end to the financial burden from secure and unsecure debt while helping to also stop any creditor harassment.
Not only will we make the calls stop… if they continue we will sue them on your behalf to collect damages if they have violated the law in an attempt to collect a debt.