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At Agins Law Firm, PLC, we know that you can unexpectedly find yourself struggling with serious financial issues, such as foreclosure, mounting medical debt, or repossession. If you are currently facing any of these financial hardships, then you should immediately reach out to reputable our legal team to discuss your finances so we can determine if filing for Chapter 13 bankruptcy is the right option for your debt situation.
How Does Chapter 13 Bankruptcy Work?
Chapter 13 bankruptcy is also known as a reorganization bankruptcy or a “wage earner plan.” It is essentially a reorganization of the debtor’s financial affairs, as opposed to a complete discharge as in Chapter 7.
In a Chapter 13 bankruptcy, you file a repayment plan with the Bankruptcy Court proposing to repay all or a portion of your debts - both secured and unsecured - over time. The amount you will have to repay depends on how much you earn, the amount and types of your debt, and how much property you own.
The repayment plan must include all of your priority debts, unsecured debts, secured debts, and any back payments for your home or car if you are keeping the property.
The length of your plan will be for a term of either 3 or 5 years depending upon whether your disposable monthly income is greater than or less than the median income for a family of your size in the geographical region where you live.
Benefits of Chapter 13 bankruptcy include:
- It can be used to avoid or prevent foreclosure
- You can catch up on overdue mortgage payments while staying current with the obligations included in the Chapter 13 repayment plan
- You can restructure the repayment of your debts to a new schedule, which can reduce the payments over time
- It can help protect third parties who share liability, such as a co-signer on a loan
- Creditors are prohibited from starting or continuing any type of collection efforts during the duration of the repayment plan
- It will prevent interest and penalties from accumulating on your past-due credit cards and personal loans
Can I Keep My Home in Chapter 13?
Chapter 7 bankruptcy will not permit you to keep your primary residence if you are behind on your payments, however, a Chapter 13 bankruptcy can help you by "stripping" away your second mortgage and rolling the arrears on your first mortgage into the payments under the approved Chapter 13 plan. This will reduce your monthly payments and the related stress of carrying two mortgages.
Agins Law Firm, PLC is dedicated to guiding you through each phase of your bankruptcy your case. When you choose our firm to handle your Chapter 13 bankruptcy, you can rest assured that we will provide you with the personalized and prompt service you deserve. Our friendly legal professionals strive to maintain open lines of communication at all times, so if you would like more information, please don’t hesitate to get in touch with us today.