Chapter 13 Bankruptcy

HOW A CHAPTER 13 BANKRUPTCY WORKS

Chapter 13 Bankruptcy | Mesa Bankruptcy LawyersFor individuals with regular income, Chapter 13 is a consolidation and repayment form of bankruptcy. By providing protection from your creditors, filing Chapter 13 allows you to keep property and repay creditors via a manageable payment plan. Based on the amount of your debts, income and living expenses, an attorney at My AZ Lawyers will help you establish a repayment plan. The amount of repayment is set and paid to a Chapter 13 Trustee, who in turn distributes the money to your creditors.  Chapter 13 is an affordable way to retain property and repay creditors for those individuals who have regular income. 

TAKE CONTROL OF YOUR FINANCES

Chapter 13 Bankruptcy Lawyers in Mesa, Arizona

A chapter 13 bankruptcy is available for individuals or consumers and not businesses (unless the individual is a sole proprietor, thus qualifying). Generally, an individual can retain all personal property in a Chapter 13 filing as long as the Bankruptcy Court approves the proposed repayment plan.   The sooner the case is filed, the better, in order to protect your valuable assets and accustomed lifestyle. It is best to schedule an appointment with a [cryout-button-dark url=”#”]MY AZ LAWYERS attorney[/cryout-button-dark] to discuss the plan you images (4)need to submit.

MESA BANKRUPTCY ATTORNEYS HELP CLIENTS IN ARIZONA FIND RELIEF FROM DEBT

Consolidate your debts and protect your property

  • Stop harassing creditor phone calls
  • Prevent your home from going into foreclosure
  • Protect your car from repossession
  • Stop wage garnishments
  • Stop bank account levies
  • Prevent lawsuits.
  • Possibly eliminate debt

CHAPTER 13 BANKRUPTCY DEFINED

Payment and retention of a home usually is the top priority when filing and planning a Chapter 13 bankruptcy.  Sometimes referred to as a “home-saver” bankruptcy, a Chapter 13 allows you to combine your debts (secured and unsecured), devise a repayment plan, and repay some or all of your debt while protecting you from liquidation or creditor harassment.  In one monthly, reasonable payment you are able to pay on the debt.

CHAPTER 13 BANKRUPTCY TIME LINE  AND PROCESS

From filing to discharge, typically a Chapter 13 could last 32 to 60 months.  Your Arizona bankruptcy attorney at My AZ Lawyers will be better able to assess the length of the case based upon your personal situation and their past experiences filing Chapter 13.  In terms of the plan, there are factors that determine your time line: amount of payment, income guidelines, and disposable income all are taken into consideration.

images (5)In order to begin the process of filing for Chapter 13 bankruptcy,  contact our Mesa bankruptcy law office to assist you with the complicated rules and procedures involved in the filing. 

  1. Contact My AZ Lawyers to schedule your [cryout-button-dark url=”#”]FREE CONSULTATION[/cryout-button-dark] with an experienced bankruptcy law attorney.  (480)833-80002.
  2. Prepare the appropriate paperwork and fill out the needed forms.  (If married, spouse fills out forms as well).  Your attorney will instruct you as to which forms you need and how to correctly prepare them.
  3. Meet with My AZ Lawyers to review your paperwork and assess your financial situation and determine if a Chapter 13 bankruptcy is in your best interest.  Your attorney will give you advice as to what your best options are for you in order to be debt-free.
  4.  Complete credit counseling course.  Before filing Chapter 13, you are required to complete a session on credit counseling.
  5. Approximately a month after filing your case, you and your attorney meet with creditors at a hearing called the Meeting of Creditors.  A Chapter Trustee reviews your case at this hearing.
  6.  A bankruptcy Judge approves your payment plan at a Confirmation Hearing.
  7. A second credit counseling course must be completed before receiving discharge papers.
  8. An order of discharge from the Bankruptcy Court is issued upon completion of your repayment plan and all met requirements of Chapter 13 bankruptcy law.

MY AZ LAWYERS OFFERS AFFORDABLE LEGAL REPRESENTATION FOR ARIZONA

One key benefit to the Chapter 13 filing, is that the unsecured debt is addressed interest free.  There is no outrageous interest rates on credit cards as you pay your debt.  Chapter 13 is a good option for some individuals who do not qualify for chapter 7 bankruptcy but still want to achieve a debt-free future.

DEBTS NOT DISCHARGED IN CHAPTER 13images (6)

  • Child or Spousal support
  • Criminal fines or penalties
  • Debts incurred through fraud
  • Student loans
  • Debt due to property settlement in a divorce
  • Some kinds of taxes including real estate and income tax (these may be addressed in the payment plan, just not eliminated)
  • Debt from property damage or personal injury done willfully or maliciously

ADVANTAGES TO FILING CHAPTER 13 BANKRUPTCY

  • Prevents mortgage default
  • NO INTEREST on credit card and finance company debt
  • NO INTEREST on tax debt or penalties
  • Possible elimination of a second mortgage lien debt
  • Reduced interest rates on secured loans
  • My AZ Lawyers are experienced in filing Chapter 13 bankruptcies and can help you take advantage of this type of debt relief.

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Chapter 7 Bankruptcy

CHAPTER 7 BANKRUPTCY DEFINED

Because it provides dChapter 7 Bankruptcy, Mesa Bankruptcy Attorneyebt relief for people who have excessive debt, Chapter 7 bankruptcy is referred to as a “fresh start” bankruptcy or “liquidation” bankruptcy.  Individuals from all professions and economic statuses find themselves owing an overwhelming amount of debt. Chapter 7 bankruptcy can eliminate medical debt, credit card debt, judgements and/or lawsuits against you (thus, giving you a fresh start on your finances).

THE  CHAPTER 7 BANKRUPTCY FILING PROCESS

The first thing you should do if you are considering filing Chapter 7 bankruptcy, is to call the law office of My AZ Lawyers.  Why?  An experienced bankruptcy attorney can asses your financial situation and evaluate your debt.  Take advantage of a [cryout-button-dark url=”#”]FREE CONSULTATION [/cryout-button-dark]in which a lawyer can help you go over your income, expenses, and all debt in order to get a true picture of your financial situation.  By doing this, you can visit your options and make good decisions. 

Determining if a Chapter 7 bankruptcy is right for you is something that needs to be discussed with an attorney. By meeting with a lawyer at My AZ Lawyers, and providing some financial information, you will be advised as to what would be the next best step to take in order to get you your fresh start.  Some clients discover that they would better benefit by filing a Chapter 13 bankruptcy, or sometimes bankruptcy is not necessary, (debt settlement) as the bankruptcy attorneys at [cryout-button-dark url=”#”]My AZ Lawyers[/cryout-button-dark] know the ins-and-outs of the process. The bankruptcy code is complicated, and you are allowed “exemptions” which allow you to keep certain property in your bankruptcy. So you want an attorney to look at they property you own. 

Arizona has its own set of exemptions and dollar limits on what you allowed to keep. There are exemptions for housing and vehicle.  A Mesa bankruptcy attorney can analyze and determine how and if these will work in your favor. Our attorneys are experts at Arizona bankruptcy law and know all the exemptions.

Chapter 7 BankruptcyIf you decide to  proceed with a bankruptcy, the law firm collects more information and you take an online credit counseling class (one hour) before then attorney can file your bankruptcy.  The bankruptcy court requires this to be done, but it is available to take 24/7.

You will need to provide paperwork to the office, and we will file with the bankruptcy court (typically a 2 week process). After reviewing the paperwork and signing that it is correct, it is filed, and you are assigned a case number. Many clients think once they come into the law office and retain an attorney, they will get filed the next day, but  it is a process that takes a few weeks.

If you have a need for an emergency filing, and cannot wait the 2-week period, contact My AZ Lawyers immediately if your filing is urgent. 

Many clients think once they come into the law office and retain an attorney, they will get filed the next day, but  it is a process that takes a few weeks.  Contact a chapter 7 bankruptcy lawyer and see if filing for bankruptcy protection in Mesa, Maricopa County, Arizona is right for you.

Free Consultation, Mesa Bankruptcy AttorneysAn Automatic Stay will go into effect once your bankruptcy car is filed.  This bankruptcy provision means that all creditor collection activity is required to stop.  This includes phone calls, letters, repossessions, and home foreclosures.  If any of your creditors wish to make any further communications, they would have to go through the attorney.

Approximately 40 days after filing, you will attend a “first meeting of creditors” hearing at court. A bankruptcy trustee will review your petition and ask you questions.  Creditors are allowed to also attend this hearing. The hearings are informal and typically do not last long. Your lawyer from My AZ Lawyers will be at that hearing with you.  The hearing is a basic and simple process.  After attending the hearing, you must forego a 60 day waiting period.  This is just to give both creditors and bank trustees time if needed to follow-up on the hearing if they choose to do so.

During this 60 day time frame, you are then required to take a second online class  —- this needs to be completed in order to receive your discharge. There is a small fee and it takes a couple of hours.

Once you have completed all the requirements and waited the 60 days, you will receive a discharge:  an order form the court that eliminates all of your debt that can be eliminated legally. 

In total, from the time your case is filed to getting your discharge papers, expect the process to take 3-4 months.

IS CHAPTER 7 RIGHT FOR YOU?

You should seed advice from [cryout-button-dark url=”#”]My AZ Lawyers[/cryout-button-dark] about your financial situation.  An attorney who has practice with bankruptcy cases will help you to understand both the law and your options.  Maybe Chapter 7 is not available to you.  Maybe a chapter 11 or 13 would offer more effective debt relief for your case.  Maybe your issues can be resolved by debt negotiation.

My AZ Lawyers offers payment plans:  low-fee guarantee, file now, pay later — our law firm wants to give superb legal representation to Arizona clients at an affordable rate. 

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