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with Chapter 13 bankruptcy

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy is a type of reorganization bankruptcy that allows you to create a structured repayment plan to pay off your debts over time, typically three to five years. Unlike Chapter 7 bankruptcy, which may require selling certain assets, Chapter 13 lets you keep your property while you work to pay back what you owe according to a court-approved plan.

This type of bankruptcy is often called a "wage earner's plan" because it works best for those with regular income who can make consistent payments. It can be particularly helpful if you're facing foreclosure on your home, have fallen behind on car payments, or have non-dischargeable debts like certain taxes or student loans.

Do you need an attorney for Chapter 13 bankruptcy?

While technically you can file for Chapter 13 bankruptcy without legal representation, having an attorney is strongly recommended. Chapter 13 cases involve complex legal requirements, detailed financial analysis, and a carefully structured repayment plan that must satisfy both the court and your creditors.

A bankruptcy attorney can:

• Help determine if Chapter 13 is the right option for your situation
• Prepare and file accurate bankruptcy forms
• Create a repayment plan that the court is likely to approve
• Represent you at mandatory court meetings and hearings
• Help you navigate challenges that arise during your repayment period
• Ensure you meet all requirements for a successful discharge

Without an attorney, Chapter 13 cases have a significantly lower success rate, and mistakes in your filing or repayment plan could result in your case being dismissed.

When should you hire a bankruptcy attorney for Chapter 13?

The best time to consult with a bankruptcy attorney is when you're first considering bankruptcy as an option, but definitely before you file any paperwork. Early consultation gives you time to:

• Explore whether Chapter 13 is the right choice compared to Chapter 7 or non-bankruptcy alternatives
• Complete the required pre-bankruptcy credit counseling
• Gather necessary financial documents
• Address any issues that might complicate your filing
• Create a realistic repayment plan based on your income and expenses

If you're facing imminent foreclosure, repossession, or wage garnishment, speaking with a bankruptcy attorney as soon as possible is crucial, as filing for Chapter 13 can immediately stop these collection actions through what's called the "automatic stay."

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How a bankruptcy attorney supports you with Chapter 13

Chapter 13 bankruptcy involves numerous complex steps and requirements. An experienced bankruptcy attorney guides you through the entire process, helping you achieve a successful outcome.

Creating a viable repayment plan

The repayment plan is the heart of a Chapter 13 bankruptcy. Your attorney will help you create a plan that prioritizes debts correctly, accounts for all your necessary living expenses, and satisfies legal requirements while being realistic for your financial situation. They'll ensure your plan addresses priority debts (like child support and taxes), secured debts (like mortgage and car payments), and unsecured debts appropriately.

Protecting your property and stopping collection actions

One of the immediate benefits of filing Chapter 13 is the automatic stay that stops most collection actions, including foreclosure proceedings, repossessions, and garnishments. Your attorney ensures this protection is properly implemented and remains in place while you work through your repayment plan.

Guidance throughout the repayment period

Chapter 13 bankruptcy typically lasts three to five years, and challenges can arise during this time. Your attorney can help you navigate changes in your financial situation, modify your plan if necessary, and ensure you stay on track for a successful discharge of remaining eligible debts at the completion of your plan.

How much does a bankruptcy attorney cost for Chapter 13?

The cost of a bankruptcy attorney for Chapter 13 varies based on the complexity of your case. At Lawhive, we believe in transparent pricing with no hidden costs. You'll know exactly what you're paying for at each step of the way.

Unlike traditional law firms that charge by the hour, we provide clear pricing before work begins, so there are no surprises later. No hourly fees, no unexpected bills - just straightforward pricing that helps you plan with confidence.

How long does the process take?

The Chapter 13 bankruptcy process involves several distinct phases:

1. Preparation and filing: This typically takes a few weeks to gather documents, complete credit counseling, and prepare your filing.
2. Court approval: After filing, there's a meeting of creditors within about 30-45 days, followed by a confirmation hearing where the court approves your repayment plan.
3. Repayment period: The repayment plan itself lasts three years if your income is below your state's median, or five years if your income is above the median. However, you may be able to complete your plan early if you pay all required debts in full.
4. Discharge: After successfully completing your repayment plan and taking a required financial management course, the remaining eligible debts are discharged.

Your attorney will give you a clearer picture of what to expect based on your specific circumstances and help you understand important milestones throughout the process.

What you can expect from a Lawhive attorney

From day one, your Lawhive attorney is here to make the bankruptcy process feel more manageable. You'll speak with our experienced team right away so we can understand your financial situation and what help you need. Then you'll get a clear idea of the costs and what you can expect to pay.

We work with vetted local counsel in your state who take the time to understand your financial circumstances, explain your options in plain English, and guide you through every step. They'll help you create a viable repayment plan, prepare accurate filings, represent you at hearings, and support you throughout your repayment period.

With Lawhive, you get professional legal help that's responsive, straightforward, and focused on what matters most: creating a path toward financial recovery while protecting your assets and dignity.

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