Navigating Chapter 13 Bankruptcy: Why You Need an Attorney

Navigating the complexities of filing for Chapter 13 bankruptcy can be overwhelming and stressful. 

From understanding the eligibility requirements to creating a repayment plan that works for you, having an experienced attorney by your side is crucial. 

In this blog post, we will discuss the importance of hiring a bankruptcy attorney when filing for Chapter 13 bankruptcy and how they can help guide you through the process.

Understanding Chapter 13 Bankruptcy

Chapter 13 bankruptcy, also known as reorganization bankruptcy, allows individuals with a regular income to create a repayment plan to pay off their debts over a period of three to five years. 

This type of bankruptcy is ideal for those who have a steady income and want to keep their assets while still working toward financial stability. 

However, navigating the legal requirements and paperwork involved in filing for Chapter 13 can be overwhelming without the guidance of an attorney.

Creating a Feasible Repayment Plan

One of the key components of filing for Chapter 13 bankruptcy is creating a feasible repayment plan that satisfies both your creditors and the court. 

An experienced bankruptcy attorney will work with you to analyze your financial situation, determine your disposable income, and create a repayment plan that fits within your budget. 

They will ensure that your plan meets all legal requirements and increases your chances of approval by the court.

Protecting Your Assets

Another important reason to hire a bankruptcy attorney when filing for Chapter 13 is to protect your assets from being seized by creditors. 

An attorney will help you understand which assets are exempt from liquidation under bankruptcy laws and assist you in retaining ownership of valuable property such as your home or car. 

They will also provide guidance on how to navigate any challenges or disputes that may arise during the bankruptcy process.

Legal Expertise and Representation

Navigating the legal system can be daunting, especially when dealing with complex matters such as bankruptcy law. 

Hiring a Chapter 13 bankruptcy attorney will provide you with valuable expertise and representation throughout the process. 

They will handle communication with creditors, attend court hearings on your behalf, and ensure that all necessary paperwork is filed correctly and on time.

Peace of Mind

Above all, hiring a bankruptcy attorney when filing for Chapter 13 can provide you with peace of mind during what is likely a stressful time in your life. 

Knowing that you have a knowledgeable advocate on your side who is working tirelessly to help you achieve financial stability can alleviate some of the burden associated with navigating bankruptcy proceedings.

Final Thoughts

Navigating Chapter 13 bankruptcy can be challenging, but having an experienced attorney by your side can make all the difference in achieving a successful outcome. 

From understanding the legal requirements to creating a feasible repayment plan and protecting your assets, an attorney will provide invaluable support throughout the process. 

If you are considering filing for Chapter 13 bankruptcy, don't hesitate to reach out to a qualified attorney who can guide you through every step of the way.

The Advantages of Choosing Chapter 13 Bankruptcy

If you are struggling to manage your debts and are looking for a way to regain control of your finances, Chapter 13 bankruptcy may be the solution you need. 

Unlike Chapter 7 bankruptcy, which involves the liquidation of assets to pay off debts, Chapter 13 allows individuals to reorganize their debts and create a manageable repayment plan. 

Explore the unique advantages of choosing Chapter 13 bankruptcy and how it can help you achieve financial stability.

Lower Monthly Payments

One of the primary advantages of Chapter 13 bankruptcy is that it allows you to lower your monthly payments by consolidating your debts into a single manageable payment. 

Instead of juggling multiple creditors with varying interest rates and payment schedules, Chapter 13 enables you to create a structured repayment plan based on your income and expenses. 

This can make it easier to stay on top of your debts and avoid falling further behind.

Protection from Creditors

When you file for Chapter 13 bankruptcy, an automatic stay goes into effect, which halts all collection actions from creditors. This means that creditors are not allowed to contact you for payment, repossess your property, or foreclose on your home while you are under bankruptcy protection. 

This provides you with much-needed relief and breathing room to focus on creating a sustainable repayment plan without the stress of constant harassment from creditors.

Debt Discharge

While Chapter 13 bankruptcy does not involve the complete discharge of debts like Chapter 7 does, it does allow for the discharge of certain debts upon completion of the repayment plan. 

This means that you can eliminate unsecured debts, such as credit card debt and medical bills, that are included in your repayment plan. 

By successfully completing your repayment plan, you can emerge from bankruptcy with a fresh start and a more manageable financial situation.

Retention of Assets

Unlike Chapter 7 bankruptcy, which involves liquidating assets to pay off debts, Chapter 13 allows you to retain ownership of your assets while still repaying your creditors. 

This can be particularly beneficial if you have valuable assets, such as a home or a car, that you want to keep. By creating a structured repayment plan, you can protect your assets and avoid the risk of losing them in bankruptcy.

Improved Credit Score

While bankruptcy can have a negative impact on your credit score in the short term, Chapter 13 bankruptcy can actually help you rebuild your credit over time. 

By successfully completing your repayment plan, you demonstrate to creditors that you are capable of managing your debts responsibly. This can help you establish a positive credit history and improve your credit score in the long run.

Final Thoughts

Choosing Chapter 13 bankruptcy can give you a unique opportunity to reorganize your debts, protect your assets, and achieve financial stability. 

By consolidating your debts into a manageable repayment plan, you can lower your monthly payments, protect yourself from creditors, and ultimately emerge from bankruptcy with a fresh start. 

If you are struggling with overwhelming debt, consider exploring the advantages of Chapter 13 bankruptcy and how it can help you regain control of your finances.

6 Basics of Chapter 13 Bankruptcy

Dealing with debt is never easy, which is why many people go bankrupt when they’ve exhausted all other options. The most common type of bankruptcy is Chapter 7, but for those who can’t qualify for it or don’t want to lose their assets, Chapter 13 may be a better option. 

Here are the basics of Chapter 13 bankruptcy that you need to know to decide if it’s right for your situation.

What is Chapter 13?

Chapter 13 bankruptcy is a debt repayment plan designed to help individuals reorganize their finances and become debt-free over time. It works by allowing the individual to create a three-to-five-year payment plan that will allow them to pay off their debts in full while still being able to keep their assets. 

Once the payment plan is approved by the court and creditors, the individual must make payments on time for it to remain active and successful.

Who Can Qualify For Chapter 13?

To qualify for Chapter 13 bankruptcy, you must pass a means test. This test looks at your current income versus your expenses and determines whether or not you have enough money left over each month after paying your bills to pay off all of your debts within three or five years. 

You may only qualify for bankruptcy protection if you have enough disposable income from month-to-month.

In addition, individuals who have filed for Chapter 7 bankruptcy within the past six years can only file for this type of protection again after that period has passed. To know more about the qualifications, consult a qualified bankruptcy attorney such as Ricardo B. Casas.

What Are The Benefits Of Filing For Chapter 13?

The main benefit of filing for this type of protection is that it allows you time—usually up to 60 months—to pay off all of your debts without having creditors coming after you or taking any action against you during that period. 

In addition, filing for this type of protection can stop any foreclosure proceedings against your home and reduce the amount of interest owed on certain types of loans, such as student loans and car loans. 

Finally, filing under this chapter also stops collection calls from creditors since they cannot contact an individual while they are under court protection.

Filing under Chapter 13 can be a great way to get out from under crushing debt while keeping your assets intact and avoiding aggressive collection tactics from creditors. 

If you think this might be an option worth exploring, talk with an experienced attorney about how best to file for this type of protection today! 

Understanding the basics outlined here will help you make an informed decision about whether or not filing for Chapter 13 Bankruptcy is right for your situation.

Drowning in Debt? Deciding if Bankruptcy is Right for You

When you're drowning in debt, it can be difficult to see any way out. If you're struggling to keep up with your payments and feel like there's no end in sight, you may be considering bankruptcy as an option.

But is bankruptcy the right choice for you? Here are some things to consider when deciding if bankruptcy is right for you.

How Much Money Do You Owe?

Not all types of debt are eligible for discharge under bankruptcy laws. If the majority or all of your debt consists of student loans or tax obligations, then it's probably not worth pursuing bankruptcy as an option to get out of these debts. 

However, if most or all of your debts are credit cards or medical bills, then you may be able to get rid of them by filing for bankruptcy.

Have You Tried Other Options?

Bankruptcy should only be used as a last resort after trying other options, such as negotiating with creditors and seeking help from non-profit credit counseling agencies. 

Before deciding whether or not to pursue bankruptcy, take the time to explore other alternatives that could help reduce your debt load and put you back on track financially. 

Consider engaging the services of a financial advisor, like those at McManus & Associates, to help you decide if bankruptcy is the best option for your situation. 

They can help you understand the process and what to expect and offer alternatives that may be more appropriate for your unique circumstances.

Will It Affect Future Employment Opportunities?

Filing for bankruptcy has long-term consequences that extend well beyond the actual process itself – including potentially affecting future employment opportunities and making it more difficult to qualify for certain types of loans down the road. 

Before deciding whether or not to file for bankruptcy, think carefully about how this decision might impact your prospects and livelihoods – both now and down the road.

Pros and Cons of Bankruptcy

Bankruptcy can be a helpful tool for getting out of debt and making a fresh start. It can give you a much-needed break from creditors and collection agencies. It can also help eliminate some types of debt, like credit card debt. 

On the downside, bankruptcy will stay on your credit report for years, making it difficult to get loans or lines of credit in the future. It can also be expensive to file for bankruptcy, and the process can be complicated.

Conclusion

Bankruptcy can be difficult, but it is important to remember that it is a legal process designed to help those struggling with debt. If you are considering bankruptcy, speak with a qualified attorney or financial advisor to help you understand the potential risks and benefits. 

By doing so, you can make an informed decision about whether or not bankruptcy is right for you.

4 Things Seniors Should Know About Declaring Bankruptcy After You Retire

You are sure of certain things in your working life: growing older and accumulating all your savings in the bank. Many seniors desire to reach their retirement age with enough savings in their accounts to sustain a comfortable life. 

However, that is not the case for those who retire with debts. Faced with increased healthcare costs, decreasing pensions, low income, and high tax rates, seniors have to rely on what they have in the bank and social security. 

When there is an imbalance in their savings and debts, they opt to file for bankruptcy. While the procedure helps relieve them of some cash straps, there are other concerns to consider.

Chapter

There are two key consumer bankruptcy protection types: Chapter 7 and Chapter 13. When you file bankruptcy with Chapter 7, you don’t have to deal with a debt repayment plan. 

Instead, all of your assets are liquidated and used to pay off as much of your debt as possible. If the value of your assets doesn’t cover the entirety of your debt, the remainder is dismissed. 

When you file bankruptcy with Chapter 13, you retain all your assets but commit yourself to repay your creditors a certain amount of money in a period of three to five years. The courts will decide on a payment plan for you.




When you file, you get to choose which type of bankruptcy to choose. However, there are some limitations to this. There is a means test to decide if you qualify for Chapter 7 bankruptcy. If your income is too great, you will be required to file for Chapter 13 instead.

Assets and Exemptions

Seniors should weigh the effect of declaring bankruptcy on their assets. All states have particular laws governing what is exempted during a bankruptcy case. 

Depending on where you reside, you can substitute federal exemption guidelines. Some of the assets that would likely be exempted in your case include a vehicle, home equity, clothing, and work-related equipment. 

Each exemption is associated with a certain amount of dollars. Homeowner retirees should pay attention to their state rules on homestead exemptions. Several states allow you to exempt a certain amount of money for your home value, while other states let you exempt any amount.

Retirement Income

As mentioned earlier, if you don’t qualify for Chapter 7 bankruptcy, you will have to file for Chapter 13 bankruptcy instead. However, one thing to keep in mind when doing the means test is that your social security compensation is not considered income, which can make it easier for seniors to qualify for Chapter 7. 

Additionally, pensions, 401k plans, annuities, and a certain part of a traditional or Roth IRA plan will all be exempted.

If you’re not sure whether bankruptcy is right for you or which type of bankruptcy you should file for, talk to a bankruptcy attorney. They can give you advice about what would best fit your specific situation. They can also help you in filing and working with the courts.

Filing for bankruptcy in your retirement is beneficial if you have substantial debt and do not have enough income to cover it. Contact a bankruptcy attorney for more information. The attorney will explain the legal process of filing for retirement bankruptcy and how to avoid penalties.

Facing Bankruptcy? Here Are 4 Things You Have to Know

You may know a few, basic facts about bankruptcy, but there are numerous myths that everyone tends to believe. Know about the rules and risks of filing for Chapter 7 or 13 bankruptcy along with the exceptions. 

Here are four of the most important facts to know.

Your Credit Is Safe

A bankruptcy remains on your credit report for 10 years and then can be discharged. After this period ends, you have the ability to obtain a new loan, home, car, or other large investment. 

This means that lenders are willing to work with you again. With some patience and proper planning, you can obtain new credit sooner than you think.

You Don't Have to Give Up Everything

Filing for bankruptcy does not mean having to give up your money or assets. You still keep hold of your property, vehicles, and personal belongings. 

If you file for Chapter 7 bankruptcy, keep all of your possessions and claim exemptions that you need for your daily essentials. The reality is that many people's belongings are old or damaged and have little to no value. 

Creditors are not likely to go after your old possessions; however, they may still go after your vehicles and other expensive valuables.

Some Debts Are Not Forgiven

Filing for Chapter 7 or 13 bankruptcy relieves some but not all debts. The debts that you cannot have discharged must be paid for yourself, such as taxes, child support, and student loans. 

These rules are set in place to force people to take greater responsibility for their actions. On the other hand, you can discharge credit card bills, medical bills, and personal loans. Contact a bankruptcy lawyer to learn more about the debts and discharges in your state.

Bankruptcy Is Not a Bad Idea

When people think of bankruptcy, they tend to only think of the negative consequences that come later. For many individuals and business owners, filing for bankruptcy is one of the best financial decisions they'll ever make. 

It helps them to start over financially and reduce their monthly repayments. This option is not recommended for every debtor, so it's important to review your decision with a bankruptcy attorney.

Every year, debtors file for bankruptcy to relieve their debts without knowing what they're getting into. Some people don't file at all, worried that their credit and reputation will be ruined forever. 

Some borrowers think that the process is easy and all of their debts will be forgiven. It's important to separate fact from fiction as you consider the debt relief option of bankruptcy.

Hit Rock Bottom? How to Know When to File for Bankruptcy

If you have hit rock bottom and can’t seem to find a solution to your mounting debt, bankruptcy may be your best option. Many factors should be taken into consideration to determine if filing for bankruptcy is the right choice and whether or not you qualify. Here are some reasons why bankruptcy may be right for you.

Protection of Assets

Some of your assets could get seized if you aren’t able to repay the money that you owe, and filing for bankruptcy can resolve this problem. If you’re able to declare bankruptcy, you’ll likely be absolved of most or all of your debt and will be able to keep at least some of your property. Bankruptcy can be an especially good option if you’re trying to protect assets such as your home, car and retirement fund.

Using Loans to Pay Bills

Taking out loans to pay bills will usually only result in acquiring more debt that will be even more difficult to pay off in the future. In addition to repaying the amount of each loan, interest fees and any late charges that might incur from failing to make payments on time can make money matters worse. 



Banks, credit card companies and other financial institutions that you borrowed money from to try to pay back debts could end up turning you into collections and putting you in more financial jeopardy. If taking out more loans seems like the only way to pay off existing bills, filing for bankruptcy should be considered.

Sued by Debt Collectors

If your debt has been turned over to collection agencies and you still can’t pay back the money, lawsuits could be brought against you. Many law firm services include bankruptcy consultations that can protect you from lawsuits and help you file for bankruptcy properly so that you can put an end to harassment from collectors.

Qualify for Chapter 13 Bankruptcy

Chapter 13 bankruptcy can be a great option if you still have a regular income and can repay all or part of the debt gradually through payments. In most cases, the repayment plan will last a duration of three to five years, which gives you more time to come up with the money without going deeper into financial ruin. Even if you’re self-employed or run an unincorporated business, you’ll still likely be eligible to file for bankruptcy under this chapter.

Bankruptcy is your legal right if you’re able to meet certain criteria. Even though this option isn’t desirable, filing for bankruptcy could be what you need to resolve your debt and get a fresh financial start.

4 First Steps When You Need to File for Bankruptcy

Deciding to file bankruptcy is a difficult and complicated decision. While taking this step gives you relief from your mounting debts and the persistent calls from your creditors, it also comes with a price. 

Depending on the type of bankruptcy you file, you could be looking at damaged credit for the next seven to 10 years. As such, it’s important to approach your bankruptcy with your eyes open. If you stick to the following four tips, you’ll stand a better chance of getting rid of your debt burden through bankruptcy.

Identify Your Creditors

In order to get as much relief from bankruptcy as possible, you need to identify all of your creditors. These creditors need to go on your creditors list that you’ll submit to the courts. 

If any of your creditors don’t make it onto the list, then these businesses can still come after you even if you’ve filed bankruptcy. Putting all of your creditors on your bankruptcy papers allows you to get relief for all of your debts, with some exceptions like student loans.

Organize Your Assets

You will need to list your debts in two columns, one for your secured debts and one for your unsecured debts. Unsecured debts are debts like credit card and personal loan debts. Secured debts (collateral debts) are items like cars, personal possessions, and other physical objects. 




According to Nerd Wallet, in order to complete your bankruptcy, you may have to give collateral like cars or other items back to the business you bought it from. You may also have to sell off some of your physical collateral items; the money you earn from the sale would go to the creditors you owe money to. 

You’ll need to indicate in your bankruptcy paperwork which types of debts you have. Be sure to make a complete listing of both to ensure that no debts are missed.

Hire an Attorney

Choosing the right type of law firm services ensures that your bankruptcy will go as smoothly as possible. A knowledgeable bankruptcy attorney can look over all of your paperwork and offer you suggestions for how to deal with your assets, your debts, and other bankruptcy-related matters.

Choose the Right Kind of Bankruptcy

Two kinds of bankruptcy exist for individuals, Chapter 7 and Chapter 13. People who need complete debt relief - that is to say, the eradication of all of their debts - choose Chapter 7. It stays on your credit for 10 years.

Chapter 13 is a debt reorganization plan. It’ll be on your credit for seven years. People who choose this type of debt do so in order to make their payments more manageable. Chapter 13 will get rid of some of the overall debt. More importantly, this type of bankruptcy allows debtors to take control of their debt while still giving some money to their creditors.

Filing for bankruptcy can bring you some immediate financial relief. However, it also negatively impacts your credit. By following the previous four tips, you ensure yourself the best chance of having the best outcome from your bankruptcy. While this decision is difficult and comes at a great cost, it can also put you back on the road to financial recovery if you approach it right.