Imagine how you would feel if you could reorganize all of your debt into one monthly payment you could afford. No more foreclosure or repossession. No more bills in the mail. No more nasty creditor calls. No more embarrassing phone calls at work from bill collectors. No more sleepless nights worrying about how you are going to make it through next month. No more real or threatened lawsuits, no more wage garnishments or bank levies. Would you fee better? Relieved? More optimistic? Less depressed? Happy? Chapter 13 Bankruptcy may be the solution.

Chapter 13 Bankruptcy is effectively a repayment plan for those debtors who do not qualify for Chapter 7 Bankruptcy either because they have too much disposable monthly net income, too much unprotectable equity in their home or other assets, or other significant non-dischargeable debts. Debtors who file Chapter 13 Bankruptcy have often endured a temporary loss of income which has set them too far behind to be able to catch up without Bankruptcy Court intervention. An experienced bankruptcy attorney will advise you as to whether Chapter 13 Bankruptcy is appropriate for you.

Chapter 13 Bankruptcy filings have not increased as significantly as Chapter 7 Bankruptcy cases. This is due in part to the complexity and absurdity of the new laws, which were designed to increase the number of Chapter 13 Bankruptcy cases, but actually had the inverse effect. Additionally, predatory lending schemes and adjustable rate mortgages with negative amortization, along with the effects of the the burst of the housing bubble and the decline in home values has caused many homeowners to simply walk away from their properties, allowing them to foreclose, rather than try to save them through Chapter 13. Why try to save a house you cannot afford which is terribly upside down? Some of the participating attorneys are also real estate brokers who may be able to negotiate a short sale or a deed in lieu of foreclosure.

Chapter 13 Bankruptcy cases are extremely complex and time consuming. Chapter 13 Bankruptcy attorney fees are often twice or more than the attorney fees involved in Chapter 7 Bankruptcy cases.

The typical Chapter 13 Bankruptcy case lasts between three to five years from filing to discharge, depending upon your unique circumstances and ability to pay. Immediately upon the filing of the Chapter 13 Bankruptcy case, the Court sends out official notice to all parties involved in the bankruptcy setting forth the date, time, and location for the Meeting of Creditors and the Confirmation Hearing. These meetings take place about thirty days after the Chapter 13 Bankruptcy case has been filed. The date of the Confirmation Hearing varies from state to state, district to district, division to division. The meeting of creditors is mandatory. Creditors appear more often at Chapter 13 hearings than Chapter 7. Your attorney will accompany you to the meeting, the duration of which varies so widely that an estimate would be imprudent.

The majority of Chapter 13 Bankruptcy cases fail. This is due in part to the fact that most debtors were not able to make their house payments prior to filing, let alone make those house payments in addition to required Chapter 13 Plan Payment after filing. Moreover, the future is uncertain, as are jobs, income, health, etc. For those few people who do obtain Chapter 13 discharge, many are faced with unaccounted for bogus and often illegal charges incurred by mortgage lenders and loan servicers during the Chapter 13 case.

Every case presents a unique set of facts and circumstances as well as financial history. An experienced bankruptcy attorney will insist upon interviewing you in person to help you determine if Chapter 13 Bankruptcy is right for you. An interview typically lasts thirty minutes to two hours, depending upon the size, nature, and complexity of your unique financial situation. Most attorneys offer a free initial consultation. We have provided a questionnaire under the FREE EVALUATION page which provides the attorney with a basic understanding of your situation. We encourage you to fill out and submit the form so that the attorney will be better able to respond to your inquiry.


         

The information on this bankruptcy website is for general purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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