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Common Questions about Chapter 13 Bankruptcy
What is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy allows debtors to restructure and pay off all or part of their debts within a three-to-five-year period while keeping some of their property. In most cases, if you can stick to the terms of your repayment agreement, any remaining dischargeable debt will be released at the end of the plan (typically three to five years).
What is a Chapter 13 Bankruptcy plan?
The main component of the Chapter 13 bankruptcy is the Chapter 13 plan. The chapter 13 plan is proposed by the debtor’s attorney and provides how the debtor will restructure his debt and pay back creditors. The plan will require the debtor pay out the full amount of debt to priority creditors and possibly only a fraction of the debt to other creditors.
How can I be expected to pay a plan and pay my bills?
Your disposable income is used to pay the Chapter 13 plan payment. Most of your creditor debt and arrearage will be consolidated into the Chapter 13 plan payment, leaving you free to pay your necessary expenses.
Will I have to pay my mortgage in addition to the Chapter 13 payments?
Yes, if you intend to keep your home, the mortgage still has to be paid each month throughout your entire Chapter 13 case, in addition to the Chapter 13 monthly payments. The arrearage and fees accrued at the time of you bankruptcy filing can be included in the Chapter 13 plan.
I lost my job. Can I still file Chapter 13 Bankruptcy?
In Chapter 13 cases, funding is key. To file Chapter 13 bankruptcy you must have a “regular source of income” and have some disposable income to apply towards your Chapter 13 payment plan. Income from sources other than employment may be taken into consideration.
I am retired. Can I still file Chapter 13 Bankruptcy?
Yes, as long as you have a regular source of income. Social security income, pension and other sources will be considered in determining your monthly income.
What will it cost me to file Chapter 13 Bankruptcy with RS Johnson Legal, P.C.?
We can file you Chapter 13 case with at little as $75.00. Some restrictions may apply. Speak to an attorney for further details. Our Chapter 13 Bankruptcy attorney fee is very reasonable and can be included in your plan payments.
What are your office hours?
Our attorneys are available to meet with you by appointment. We offer flexible appointment times between the hours of 9am to 6pm Monday – Friday. Saturday appointments are available by appointment between the hours of 9am to 12 pm. Click here to schedule an appointment.
I’m ready to File Chapter 13 Bankruptcy. How can I get started?
Our attorneys look forward to working with you. Click here to learn more about our simple process?
We file electronically offering you immediate relief!
Disclaimer: The information provided here is general information and should not be relied upon as legal advice without further discussion from an attorney.