Upland Chapter 13 Bankruptcy Lawyer
What is Chapter 13 Bankruptcy?
Bankruptcy under Chapter 13 permits you to get out of debt. You will create a repayment plan with the help of your bankruptcy attorney that will be filed for approval of the United States bankruptcy court. Through this plan, you will be able to lower the amount you owe, restructure some contracts, and preserve your house from foreclosure, among other things.
Your personal property, such as your house and automobile, are usually safeguarded. A Chapter 13 plan requires you to pay all the percentage of your total debt monthly for 3 to 5 years. The amount you must return is determined by how much disposable income you have left after paying your necessary costs such as food, electricity, rent/mortgage, and any expenses not covered by your payment plan. During a free consultation at our bankruptcy law firm in Upland, a competent bankruptcy lawyer can help you figure out how much you’ll have to repay.
Chapter 13 bankruptcy lawyers in Upland may answer more than the following questions discussed in this article:
- Why Should I Consider Chapter 13?
- How to File Bankruptcy Chapter 13?
- Do I Qualify for Chapter 13
Why Should I consider Chapter 13?
In certain situations, Chapter 13 bankruptcy has numerous benefits over Chapter 7. A Chapter 7 bankruptcy is designed to deal with unsecured debt such as medical debt, and credit card debt, but it doesn’t benefit those who are mainly concerned with mortgages and student loans and want to keep their house or car.
If you’re overdue on your mortgage, have a second mortgage, or are drowning in automobile payments, a Chapter 13 bankruptcy may be the answer. You may settle mortgage arrears, strip your second mortgage, and reduce the amount you owe on your automobile to its current fair market value under a Chapter 13 plan.
Do I qualify for Chapter 13?
To qualify for a Chapter 13 bankruptcy, you must have a stable source of monthly income and be able to show that you have enough median income to pay back a part of your debt settlement. Your unsecured debts can’t be more than $336,900, and your secured debts can’t be more than $1,010,650.00. Before filing for bankruptcy, your bankruptcy attorney will go through all of the considerations that must be considered.
Chapter 13 Bankruptcy Advantages
- A Chapter 13 bankruptcy is effectively a debt-relief loan in which you make monthly payments to a court-appointed bankruptcy trustee, who then distributes the funds to your creditors.
- Creditors are not permitted to approach you directly, but must instead go via the bankruptcy trustee. Any type of debt approach may be deemed as creditor harassment. Harassing phone calls is also included as creditor harassment.
- You may retain your home while buying more time for your dealing with debt. If you’ve fallen behind on making payments and are facing hardship, the Chapter 13 repayment plan may help you maintain your collateral.
- Secured debts, such as student loans, may be adjusted and extended during a Chapter 13 repayment plan, but not a principal home mortgage. This might help you save money on your monthly payment. If you have two years remaining on your auto loan, for example, it may be extended to three years to reduce your monthly payments.
- A specific clause in Chapter 13 shields co-signers from consumer bankruptcy. The creditor is not allowed to pursue the co-signer for a consumer debt, which is defined as anything bought for personal, family, or domestic use.
How to File Bankruptcy Chapter 13?
Although it is feasible to declare bankruptcy on your own, hiring a bankruptcy lawyer should be the first step in the bankruptcy process. Because there are so many restrictions and exceptions, it’s best to hire a legal professional who knows what they’re doing.
The bankruptcy will be handled by the bankruptcy attorney, but it is vital to note that there is a $310 court charge to file for bankruptcy, as well as professional costs ranging from $3,500 to $5,000.
Along with child support, alimony, and taxes, court costs are considered priority debt. Priority obligations are paid first, followed by secured debts like mortgages and vehicle loans, and then unsecured debts like credit cards and personal loans.
You’ll need to prepare the following documents:
- A list of your creditors and the amount you owe each of them
- Your source of income and the quantity of money you make
- List of all your assets and liabilities
- Costs of living
- A copy of your most recent federal tax return.
After the filing, the petitioner offers a repayment plan to a bankruptcy court for review to see whether it is fair and fits the standards.
If the plan is accepted, the debtor will make regular payments to a court-appointed trustee, who will then distribute the funds to the creditors.
Under a court-ordered plan, debtors may return all or a large part of their debts in 3-5 years. Medical expenses, credit card debt, and personal loans are the most typical debts dismissed in a Chapter 13 bankruptcy.
Creditors are prohibited from continuing collection attempts if the court approves your repayment arrangement. Collection agencies and their onslaught of phone calls and letters may also be avoided.
To be clear, when most people think of bankruptcy, they don’t think of Chapter 13. It’s not like wiping the slate clean and beginning afresh. Unsecured obligations, such as alimony, child support, school loans, and taxes, must be paid in full, and housing and automobile payments must be current during your payback term.
A bankruptcy court trustee administers Chapter 13 as a repayment plan. Typically, a petitioner’s attorney drafts a plan that permits major debts to be paid over some time. Unpaid unsecured debts are discharged at the end of that period.
Chapter 13 Repayment Plan
Chapter 13 debtors write their repayment plan, which must be filed with the bankruptcy court. The federal bankruptcy court gives a plan bankruptcy form, or you may get one from a local federal court. To file Chapter 13, you must have the court’s approval. The plan contains your income, assets and liabilities, and a projected payment schedule.
A trustee in bankruptcy will oversee your debt management plan, collect your debt-repayment, distribute them to creditors, and ensure that the requirements of your bankruptcy repayment plan are followed.
Your payments plan will be broken down into:
Priority Debts: include unpaid alimony and child support, state and federal income taxes, employee wages, salaries, and commissions, and payments to employee benefit programs. You must settle all these debts.
Secured obligations: must be completely repaid. Defaults on mortgages and vehicle loans are examples. Late fees must be paid.
Unsecured debts include credit card bills, utility and medical debts, and consolidation loans. Your plan may require you to pay for all of these commitments or just some. The amount you must pay depends on the value of your nonexempt property, your monthly uncommitted income, and the length of your plan.
File Bankruptcy With Us Now
When filing your Chapter 13 claim, bankruptcy attorneys may be a valuable resource. The procedure should be handled carefully since it has the potential to drastically impact your financial future. During this bankruptcy procedure, a local attorney may help you get a better result. If you’re unsure if you need to pay attorney fees, do some research and contact The Law Offices of Marc Grossman for a free consultation. Our Chapter 13 bankruptcy lawyers care about their clients and want to help them improve their lives and save them from going bankrupt. Schedule your appointment with our bankruptcy attorney today.