What Is a Chapter 13 Bankruptcy?
If you’ve fallen behind on your house or car payments, a Chapter 13 bankruptcy can stop foreclosure on your home, help you keep your car, and possibly even lower your payments on your car. In some cases, you might even qualify for a plan in which you only need to pay a percentage of your debt but still retain ownership of all your assets, including your home and car. Even if you owe for past parking tickets and have lost your driver’s license as a result, a Chapter 13 proceeding can qualify you to have your license reinstated. But to take advantage of all the benefits of a Chapter 13 bankruptcy, you need an experienced bankruptcy lawyer on your side. Our expert bankruptcy attorneys have a solid record of success in handling Chapter 13 proceedings for our clients – and we can help you, too, pursue a positive outcome. To learn how we can serve you, make an appointment with one of our attorneys today.
How Do I Qualify For A Chapter 13 Bankruptcy?
First of all, you need a regular, stable income – enough to make regular payments in the court’s judgment. Your income need not come from a job, but you can also qualify if you receive Social Security or disability benefits, unemployment payment, retirement benefits, or even rental income. However, if you’re a stock or commodity broker, you won’t be eligible for a Chapter 13 bankruptcy. Corporations, too, are ineligible for Chapter 13 relief. Sole proprietors and self-employed persons are also eligible if their debts fall within certain specified boundaries. Also, if your debts span more than three to five years, you will likely qualify, provided you pass a means test to determine your eligibility. Our experienced legal team can review your situation before you file to help you determine if a Chapter 13 bankruptcy is in your best interest. To get started, contact our office as soon as possible.
What Happens During A Chapter 13 Proceeding?
First, you’ll need to prove your eligibility through the means test we mentioned earlier. If you’re eligible, filing for a Chapter 13 bankruptcy will stop any foreclosures, wage garnishments, repossessions, lawsuits, or other harassment by your creditors. While we’ll help you create a repayment plan, the court must approve your plan. The court will determine whether you have proposed this plan in good faith, that the amount your unsecured creditors will receive is not less than you would have paid with a Chapter 7 filing. Also, your payments must maximize all your disposable income – which means all your income that does not go toward your support and maintenance. It’s a complex process, but with an experienced bankruptcy lawyer by your side, you can have the confidence that you will come out of the process with success. To start the process, get in touch with our office today.
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