what lawyer do you recommend to help me file chapter 13

Full Answer

What can a chapter 13 lawyer do for me?

What a Chapter 13 lawyer can do for you. A Chapter 13 bankruptcy attorney will help you file a repayment plan to your creditors so that you can keep your property and have your debts discharged. Contact a Chapter 13 bankruptcy lawyer to see if you are qualified to file for bankruptcy. Your attorney will tell you whether your secured debts...

Can I file Chapter 13 without a lawyer?

When you file Chapter 13 without a lawyer, there are many pitfalls that could lead to dismissal of your case. Common reasons for the dismissal of Chapter 13 cases where the debtor is self-represented include failing to: file all of the schedules, statements, and local forms completely and on time

What do I need to know about filing Chapter 13 bankruptcy?

When you file your Chapter 13 bankruptcy petition, the schedules and the Chapter 13 plan you, must make certain that you are in compliance with both procedural rules and local requirements. You will also need to attend and represent yourself in all court proceedings related to your case. More will be required of you in a Chapter 13 case.

Is a chapter 13 trustee the same as a lawyer?

When you file for Chapter 13, a trustee is appointed but the trustee is not your lawyer. In fact, the trustee is prohibited from providing you with legal advice and is rarely, if ever, able to respond to calls or emails requesting help with your case.

What is the average Chapter 13 monthly payment?

about $500 to $600 per monthThe average payment for a Chapter 13 case overall is probably about $500 to $600 per month. This information, however, may not be very helpful for your particular situation. It takes into account a large number of low payment amounts where low income debtors are paying very little back.

What is the success rate of Chapter 13?

Success Rate for Chapter 13 Bankruptcy The ABI study for 2019, found that of the 283,313 cases filed under Chapter 13, only 114,624 were discharged (i.e. granted), and 168,689 were dismissed (i.e. denied). That's a success rate of just 40.4%.

Will Chapter 13 take all my money?

In Chapter 13 bankruptcy, you must devote all of your "disposable income" to repayment of your debts over the life of your Chapter 13 plan. Your disposable income first goes to your secured and priority creditors. Your unsecured creditors share any remaining amount.

Is filing Chapter 13 worth it?

The main advantage to pursuing a Chapter 13 bankruptcy resolution is the fact that this form of bankruptcy generally offers much more flexibility and freedom than a Chapter 7 bankruptcy resolution. Under Chapter 7, you will need to liquidate most of your assets and sell off property to pay a lump sum resolution.

Can you get denied Chapter 13?

Chapter 13 Can Be Denied if the Bankruptcy Process is Not Followed. Under relevant bankruptcy law, a debtor should enroll and successfully finish a credit counseling course from an institution approved by the United States Trustee's Office. Otherwise, it is likely the bankruptcy case will not push through.

Does your credit score go up after Chapter 13 discharge?

Your credit score after a Chapter 13 Bankruptcy discharge will vary. Your new score will depend on how good or bad your credit score was prior to the filing of the Chapter 13 Bankruptcy. For most individuals, you can expect to see quite a dip in your overall credit score.

What happens to your bank account when you file Chapter 13?

Generally speaking, the funds you have in your bank accounts are safe when you file for Chapter 13 bankruptcy. Debtors filing for Chapter 13 bankruptcy ordinarily do not have to worry about what will happen to their checking or savings accounts.

Does Chapter 13 wipe out all debt?

In a Chapter 13 bankruptcy, you must repay some debts in full through your Chapter 13 plan. Most debtors pay unsecured, nonpriority creditors in part through the plan, and then the remainder of the debt is discharged at the end of the bankruptcy.

What does 100% means in a Chapter 13?

What is a Chapter 13 100 Percent Bankruptcy Plan? A 100% plan is a Chapter 13 bankruptcy in which you develop a plan with your attorney and creditors to pay back your debt. It is required to pay back all secured debt and 100% of all unsecured debt.

What can you not do during Chapter 13?

You can't take on new loans during Chapter 13 bankruptcy without first obtaining the bankruptcy court's permission. If financing is needed before your Chapter 13 bankruptcy repayment plan is approved you still need to obtain permission from your trustee.

What debt is discharged in Chapter 13?

Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay nondischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

What worse Chapter 7 or 13?

Most consumers opt for Chapter 7 bankruptcy, which is faster and cheaper than Chapter 13. The vast majority of filers qualify for Chapter 7 after taking the means test, which analyzes income, expenses and family size to determine eligibility.

How much does it cost to file for bankruptcy?

Besides the varying court costs, debtors must pay to initial fees. There is a $150 case filing fee, and a $39 miscellaneous fee.

Can I file Chapter 13 bankruptcy?

Chapter 13 lawyers that know how to file chapter 13 as quickly and easily as possible can be hired to ease the process. Even before the initial filing attempt, individuals must attend credit counseling as a last attempt to avoid the impending bankruptcy.

Thomas G. Egner

So if unemployed, how do you expect to fund the very expensive Chapter 13 process? Most of the success of any Chapter 13 is the PLANNING that goes into implementing it. Do you understand that a Chapter 13 will require you to resume paying your mortgage and will require you to make a payment IN ADDITION to making the mortgage payment.

Dorothy G Bunce

What is your source of income? Being able to afford an attorney is actually a litmus test for whether chapter 13 will be feasible and accomplish what you need to accomplish. If you cannot afford an attorney for chapter 13 bankruptcy, then you have practically zero chance of being able to successful do a chapter 13...

Matthew Scott Berkus

It is possible to file your own case, but you are unlikely to succeed. Chapter 13 has lots of pitfalls for the unwary that can cause your case to be dismissed. Once you are dismissed it will be much harder to file again and protect your house.

Allen Preston Turnage

As Mr. Waddell stated, since most bankruptcy attorneys offer free consultations, you absolutely should meet with one. The attorney should be able to analyze your current financial situation in 30-40 minutes and let you know whether chapter 13 will benefit you.

Brian Campbell Fenn

To further the good answers you've already received, I'll add that a Chapter 13 bankruptcy allows you to pay off the mortgage arrears, the payments you are behind, monthly over up to five years, but you also have to pay the current ongoing mortgage payments.

Malcolm Ruthven

I agree with Attorney Rode, and would just mention that many bankruptcy attorneys will do free initial consultations, so you have nothing to lose in talking to a few attorneys to discuss your options.

Gabriel John Waddell

I would highly recommend it. In order to file a Chapter 13 you need to be able to afford the mortgage payment after filing Chapter 13 plus a small "plan payment" which will pay the 2 months you are behind on the mortgage.

How long does it take to pay off a Chapter 13?

It can take up to five years for you to repay your debts under a Chapter 13 plan. While it generally takes longer for you to pay off your debts, you'll have more time to make your payments, and Chapter 13 trustees may be flexible on the terms of your payments. You may be able to stretch out your debt payments, reduce the amounts of your payments, ...

What are the advantages and disadvantages of Chapter 13 bankruptcy?

Advantages and Disadvantages of Chapter 13 Bankruptcy. Deciding whether to declare bankruptcy is very difficult and should never be taken lightly. It affects your future credit, your reputation, and your self-image. But it can also improve your short-term quality of life considerably, as the calls and letters stop.

How long does a Chapter 13 bankruptcy stay on your credit report?

A Chapter 13 bankruptcy can remain on your credit report for up to 10 years. Although a Chapter 13 bankruptcy stays on your record for years, missed debt payments, defaults, repossessions, and lawsuits will also hurt your credit ...

How often can you file for bankruptcy?

Declaring bankruptcy now can get you started sooner on rebuilding your credit. Although you can only file under Chapter 7 once every six years, you can always get a Chapter 13 plan if there's another disaster before you're entitled to file for Chapter 7.

Should I consult with an attorney before filing for bankruptcy?

It may make sense to at least consult with an attorney prior to filing for bankruptcy to avoid limiting your bankruptcy options in the future. You may still be obligated to pay some of your debts, such as a mortgage lien, even after bankruptcy proceedings are completed.

Can you stretch out your debt under Chapter 13?

You may be able to stretch out your debt payments, reduce the amounts of your payments, or give up an item of your property that you're making payments on. Also, once you successfully complete a repayment plan under Chapter 13, individual creditors can't obligate you to pay them in full.

Does bankruptcy get rid of student loans?

At least bankruptcy will alleviate many of your other financial obligations. Bankruptcy won't get rid of your student loan debt. Nothing will get rid of student loan debt, and at least bankruptcy will prevent your lenders from aggressive collection action.

What to do if you file Chapter 13?

If you filed Chapter 13 to take advantage of legal strategies such as lien stripping or cramdown, or to combine it with a mortgage modification, you will need to file the appropriate motions with the court and attend hearings.

What happens if you file Chapter 13 bankruptcy without a lawyer?

When you file Chapter 13 without a lawyer, there are many pitfalls that could lead to dismissal of your case. Common reasons for the dismissal of Chapter 13 cases where the debtor is self-represented include failing to: file all of the schedules, statements, ...

What does it mean to represent yourself in bankruptcy?

When you represent yourself, you are responsible for researching the law, following the bankruptcy court rules, preparing and filing all of your documents, and making all of the decisions in your case. When you file for Chapter 13, a trustee is appointed but the trustee is not your lawyer.

How long can you stay on a bankruptcy?

But even then, you have another hurdle because the automatic stay that you rely on to stop collection actions while your bankruptcy is pending may be limited to 30 days or not available at all without filing motions and convincing the judge to continue or impose the stay.

What happens if you don't file Chapter 13?

If you are not successful, the court will dismiss your Chapter 13 case. If this happens, at best, you are back in the same spot you were before you filed. But you could also end up in a worse position: With the passing of time, additional interest and late charges will accrue and sometimes creditors are angry about the delay.

Can a lawyer represent you in Chapter 13?

The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Hiring an attorney to represent you in a Chapter 13 bankruptcy can be expensive.

Can a trustee be a lawyer?

When you file for Chapter 13, a trustee is appointed but the trustee is not your lawyer. In fact, the trustee is prohibited from providing you with legal advice and is rarely, if ever, able to respond to calls or emails requesting help with your case. The Chapter 13 bankruptcy trustee will likely notify you if your plan is not in compliance ...

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

How to file for bankruptcy?

First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

What type of hearings can an attorney represent you at?

Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings. Chapter 7 reaffirmation hearings, and. any other motion or objection hearings filed by you, your creditors, or the trustee.

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

Is bankruptcy easy to handle?

Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

What do you need to do to file Chapter 13?

When you file your Chapter 13 bankruptcy petition, the schedules and the Chapter 13 plan you, must make certain that you are in compliance with both procedural rules and local requirements. You will also need to attend and represent yourself in all court proceedings related to your case. More will be required of you in a Chapter 13 case.

What is Chapter 13?

The Chapter 13 plan. The Chapter 13 plan is an additional part of your bankruptcy filing, where you propose what payments you intend to make through the plan and what amounts are going to various creditors. You can include both past-due payments and current payments. You need to be able to show that you are able to afford and maintain ...

How long does it take to file Chapter 7?

Chapter 7 cases are generally pretty straightforward and take about three to four months from start to finish. Once you get past the paperwork to file a Chapter 7, it is smooth sailing from that point forward.

What is the difference between Chapter 13 and Chapter 7?

The main difference between a Chapter 13 and a Chapter 7 is that a Chapter 13 revolves around a payment plan, where you repay some or all of your debts over the life of the plan. You might have to file a Chapter 13 because you did not qualify to file a Chapter 7, or if you are hoping to catch up on secured debt, like your house or your car.

How many Chapter 13 cases are successful?

Very few Chapter 13 cases filed without an attorney are successful. In fact, less than one half of one percent (0.5%) of all Chapter 13 pro se filings are successfully confirmed.

How long does a Chapter 13 plan last?

A Chapter 13 plan will run for a minimum of three years and a maximum of five years.

What happens if Chapter 13 is not filed?

If a Chapter 13 case is not successful you might be facing a dismissal with prejudice (meaning you cannot re-file at all or may have to wait a lengthy period of time), meanwhile you will be accruing more and more debt as time goes by, making it harder to come up with a workable repayment plan.