A Chapter 13 bankruptcy lawyer in our office can provide you with important information regarding how to file for a Chapter 13 bankruptcy and what that will mean for your financial future. We encourage you to schedule a consultation so that we can discuss these details. In the meantime, here are some of the questions that clients routinely ask.
Can anyone file for Chapter 13?
Yes, you can file for Chapter 13 but whether or not your plan will be approved will be up to the bankruptcy court. This is one of the reasons why you need to work with a lawyer who understands the process and how to draft repayment plans that are likely to be approved.
Do I need to do anything before filing for bankruptcy?
Yes, you need to attend credit counseling before you can file. You will then also need to pay $274 as a filing fee and you will need to gather all of your relevant income information, statements from creditors, a list of expenses, etc. As your Chapter 13 bankruptcy lawyer, we will help you to gather all of the relevant information and compile it in a way that is easy for the court to review.
Who will make a decision on my bankruptcy case?
The court will appoint a bankruptcy trustee. The trustee will review your paperwork and then request further information from you and your creditors. Next, they will hold a meeting of your creditors which allows creditors to formalize any complaints. Finally, the trustee will review all of the information along with your repayment plan proposal and then make a decision regarding whether or not to approve it.
You should know that the court may take into consideration creditor complaints and require that you to adjust your plan accordingly. If so, we can make the required modifications and submit the new proposed repayment plan to the trustee for approval.
Will my creditors continue to try to collect debt payments for me while I’m going through bankruptcy?
No. According to bankruptcy law, an automatic stay starts once you file the bankruptcy paperwork and pay the filing fee. This means that they cannot call or seek after payments in any way. The reason being that the trustee has authority over how to disperse any of your assets. If a creditor were to collect a payment from you at this time, they would be taking money away from the estate rather than you as an individual.
Will bankruptcy wipe out my child support obligations?
No. You are still obligated to pay child support, even while going through the bankruptcy process. If you cannot afford the level of support that was ordered by the court, your best option is to work with a family attorney to go and request that your child support be reduced either temporarily or permanently based on your new financial situation.
Speak with a Chapter 13 Bankruptcy Lawyer
Filing a Chapter 13 can provide you with the freedom you need to make positive financial decisions. To start and get help, call our office and schedule a consultation.