Chapter 13 Bankruptcy protects your assets
Like a Chapter 7 bankruptcy, Chapter 13 protects you from your creditors, but it also allows you to pay your debts over time while keeping your assets. A Chapter 13 can be a great way to manage debts for people who make too much money to qualify for a Chapter 7 bankruptcy or who have filed a Chapter 7 and received a discharge less than 8 years ago.
In a Chapter 13, you and your attorney will make a plan to repay your creditors in either 3 or 5 years (depending on your income and other circumstances). Your payment will based on the money you have left after paying your necessary living expenses.
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At Andrea Henning Law LLC, we want to make filing for bankruptcy as easy and stress free as possible for you. Unfortunately, filing for bankruptcy involves a lot of paperwork and information gathering which can be a real pain. To make this process easier, we utilize MyChapter Debtor Portal. My Chapter Debtor Portal is a secure online questionnaire for you to input your data and upload your required documents. The portal will cut down on trips to the office and allow you to work on your case when you want.If computers stress you out and you would rather come to the office to share your documents and info, you can do that too.
This class is a requirement to file both Chapter 7 and Chapter 13 bankruptcies. Clients typically take this class online but can also complete it on the phone.When you take the class, you will be asked to make a budget and list your assets and debts. You will get some information about ways to deal with your debt, including bankruptcy. You will also do a short phone consultation with a counselor to discuss ways to balance your budget. This class takes about an hour. None of the information disclosed during the class is shared with the court or creditors. After you finish the class, you will get a certificate which you need to provide our office in order file.
You will get detailed instructions on how to complete the class at your intake appointment. The cost of the class is included in your fees.
You will come to our office to review your bankruptcy petition, sign, and file it. You should plan on being here for two hours. We will also develop a Chapter 13 Repayment Plan at this appointment.You will need to make your first Chapter 13 plan payment within 30 days of filing for bankruptcy.
You will get detailed information on how to take this class after your case is filed. The class cost is included in your bankruptcy fee.
Approximately four to six weeks after you file for bankruptcy, you will have to attend a 341 Meeting of Creditors. This meeting is called a “Meeting of Creditors” but typically only involves you, your attorney and the bankruptcy trustee.At the meeting, you will be asked questions about you, your income, assets, kids, ect. We will prepare for the meeting together and go over questions that are typically asked. See the list.
Also, Your attorney will discuss the terms of the proposed Chapter 13 plan with the Trustee and try to resolve any concerns the Trustee has with the plan at this time.
Depending on where you live, your meeting will take place in Toledo or Columbus.
The court will hold a Confirmation Hearing to decide if the repayment plan proposed by you and your attorney meets the necessary requirements and to resolve any objections to the plan by the Trustee or creditors.Depending on where you live, the Confirmation hearing will take place in Toledo or Columbus. If the trustee approves your proposed repayment plan no creditors object, you might not have to attend the hearing and your attorney can handle it for you.
Your Chapter 13 plan will last 3 or 5 years depending on your income level and other considerations. You will need to make your monthly payments as required by the plan to successfully complete your Chapter 13. Most people will make their payments via a wage deduction once the plan is confirmed.If you experience a life change such as job loss, change, illness, family additions, ect during the course of your bankruptcy, your attorney can assist you in modifying your plan.
You can get a discharge in a Chapter 13 of eligible debts after you have made all of your monthly payments as required by you repayment plan. If you repaid your debts according to plan but the amount paid was less than the amount owed, you will get a discharge of the remainder of the eligible debts.A bankruptcy discharge is a court order which releases a debtor for personal liability for certain specified types of debts. This means that the Debtor is no longer legally required to pay any debts that have been discharged. The creditor is prohibited from trying to collect discharged debts forever- this means no calls, letters, lawsuits, etc.
Case Closed.