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CHAPTER 13 BANKRUPTCY LAWYER

UNDERSTAND CHAPTER 13

When most people think of declaring bankruptcy, they do not realize that there are different kinds of bankruptcy. What they are actually thinking of in most cases is actually a Chapter 7, in which the individual declares bankruptcy paying his or her creditor and sees his or her debt discharge within only a few months. Many people, however, cannot meet the strict eligibility requirements for Chapter 7. A Chapter 7 petition that is denied will typically be converted to a Chapter 13 filing. Eligibility for Chapter 13 is far more generous than for Chapter 7. In order to qualify for Chapter 13, it is necessary to demonstrate that the amount you owe is unsecured debts such as credit cards, collection agency accounts and past-due utility that meets the amount of state requirements. Your home mortgage and car loan, also has an amount based on state requirements. Speak to our experienced attorneys to see what you may be qualified for at (310) 894-6440.

DEVELOPING A REPAYMENT PLAN

Under Chapter 13, your existing debts will be restructured so that instead of having to keep track of several loan payments each with different due dates, you will have only one payment to focus on. Your experienced bankruptcy attorney will work with you to develop a repayment plan that satisfies the judge while providing you with sufficient disposable income to afford an acceptable standard for living, followed by bringing the plan to court and arguing for its approval over the possible objections of your creditors. Next, you will continue to make this monthly payment for a period of three to five years, depending on your incomes and financial resources. At the end of this period, any remaining debt will be discharged, leaving you free to move on into your life free of debt.

ADVANTAGES OF CHAPTER 13

While it may not be as fast as Chapter 7, and also involves the continued repayment of your debts, Chapter 13 bankruptcy does have its own advantages. In fact, some of these advantages are significant enough that a debtor may choose Chapter 13 despite being eligible under Chapter 7. A major advantage of Chapter 13 is that it is typically possible to include any missed mortgage payments into the repayment plan, thereby giving you a couple years to remedy the mortgage and avoid foreclosure. Amount of years can vary based on state and county. Another advantage of Chapter 13 has to do with the fact that, unlike Chapter 7, there is no possibility of losing assets to liquidation. In the event that the state and federal exemptions would be insufficient to protect your assets against liquidation attempts on the part of bankruptcy trustee, Chapter 13 may be your best answer for protecting your estate.

Further, the credit damage caused by this type of bankruptcy is not as great as it is for the other. Whereas a Chapter 7 bankruptcy can remain on your credit report for 10 years, a Chapter 13 case will disappear from your report after 7 years have passed. Although it may take longer to reach the point when your debts are finally discharged., you do not have to wait until the completion of the process to begin enjoying the benefits of bankruptcy under Chapter 13. From the moment you file your petition, you will be protected by an automatic stay against repossession, wage garnishment and foreclosure.

CONTACT TO A CHAPTER 13 ATTORNEY TODAY

If you are looking for an experienced Chapter 13 attorney. Don’t wait! Your first initial consultation is FREE. Call to connect to an experienced bankruptcy lawyer today at (310) 894-6440.

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