Chapter 13 bankruptcy is one option for people who need more time to pay their debts and have struggled to make regular payments.
The bankruptcy attorney at Groce & DeArmon, P.C., can help you file for Chapter 13 bankruptcy and deal with the legal and financial issues arising from this type of bankruptcy.
We answer frequently asked questions about Chapter 13 bankruptcy in today’s blog.
What is Chapter 13 bankruptcy?
Also called the wage earner’s plan, Chapter 13 bankruptcy allows individuals with a steady income to repay all or part of their debts.
How does Chapter 13 bankruptcy work?
Debtors work with creditors to repay debts using monthly installment payments. Debts are consolidated into one payment through one source.
How long does Chapter 13 bankruptcy last?
The repayment period lasts three to five years, depending on your situation.
Who do I make payments to for Chapter 13 bankruptcy?
The bankruptcy trustee, who is appointed by the bankruptcy court to oversee your case. Once you pay the trustee, that person then forwards payments to your creditors.
What happens when you file for Chapter 13 bankruptcy?
Chapter 13 bankruptcy has several steps:
- Filing a petition with the bankruptcy court. Bankruptcy is a federal matter, so you will need to file with the bankruptcy court serving your particular area.
- You must file other papers with the bankruptcy court, including a list of assets and liabilities currently in your possession, income, and expenses along with when you receive them and when payments are due, any leases or rental agreements, and a statement of your current financial affairs. Other papers are evidence of payment from employers over the past 60 days, proof you underwent credit counseling, a list of creditors, and your most recent tax return.
- Between 21 to 50 days after filing for Chapter 13 bankruptcy, the trustee holds a meeting of creditors. You must attend this meeting and answer any questions about your repayment plan.
- After the meeting of creditors, you will attend a hearing with the trustee and the judge in your case to discuss and verify your repayment plan.
- You must start making payments to the trustee as early as 30 days after filing for Chapter 13 bankruptcy, not when the bankruptcy is finalized.
How long does the process of filing for Chapter 13 bankruptcy take?
Cases finalize anywhere from 60 to 90 days.
You must start making payments 30 days after filing.
Your payment plan lasts anywhere from three to five years.
Who qualifies for Chapter 13 bankruptcy?
Any individual (not a company or corporation), even if you operate an unincorporated business or are self-employed, can file for Chapter 13 bankruptcy protection so long as your unsecured debts are less than $294,725 and your secured debts are less than $1,184,200.
Do I need an attorney to file Chapter 13 bankruptcy?
The U.S. Court system strongly recommends hiring a licensed attorney to help you with your case.
How much does filing for Chapter 13 bankruptcy cost?
Filing fees are $310, which you can pay in installments with the court’s approval. Attorney fees vary from state to state, and they may change depending on the complexity of your case. Check with your attorney if the firm can make a payment plan.
Can an attorney help me with Chapter 13 bankruptcy?
Yes, an attorney can help you file Chapter 13 bankruptcy in federal court. Contact the dedicated bankruptcy attorney at Groce & DeArmon, P.C., or call us at 1-800-640-3706 in Missouri or (417) 862-3706 for a free initial consultation. We’ll discuss whether or not this type of bankruptcy is right for you and give you options for your financial future.