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Chapter 7 Bankruptcy

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How to File Bankruptcy Chapter 13: A Practical Guide for Getting Started

How to File Bankruptcy Chapter 13 the Right Way

How to file bankruptcy Chapter 13 is a common question for people who have regular income but need help reorganizing their debt. Unlike Chapter 7, which wipes out certain debts quickly, Chapter 13 helps you repay what you owe over time, usually within 3 to 5 years.

In this article, you’ll learn the complete process for filing Chapter 13 bankruptcy, what documents you need, how the repayment plan works, and how to protect your assets during the process.

Preparing to File Chapter 13 Bankruptcy

Filingfor  Chapter 13 requires thorough financial documentation and legal planning. Here’s where to start.

Review Your Eligibility

You can file Chapter 13 if:

  • You have regular income (wages, benefits, business income)
  • Your debts are below the current limit (set by federal law)
  • You’re up to date on tax filings and willing to complete credit counseling

If you meet these criteria, you’re likely eligible to proceed.

Gather Required Documents

To begin the process, prepare:

  • A list of all creditors and how much you owe
  • Proof of income for the last 6 months
  • Monthly living expenses
  • Tax returns from the past 4 years
  • A certificate of credit counseling from an approved agency

These documents help create your court petition and build your repayment plan.

How to File Bankruptcy Chapter 13 in Court

The legal steps of how to file bankruptcy Chapter 13 begin when you formally submit your case.

File the Bankruptcy Petition

You (or your attorney) will file the following with the bankruptcy court:

  • The bankruptcy petition
  • Schedules detailing your assets, debts, and expenses
  • A proposed repayment plan

Once submitted, the automatic stay goes into effect, halting most collection efforts, foreclosures, and wage garnishments.

Work with the Bankruptcy Trustee

After filing, a court-appointed Chapter 13 trustee reviews your plan and paperwork. The trustee:

  • Manages your repayment plan
  • Collects your monthly payments
  • Distributes funds to your creditors

You must begin making payments within 30 days of filing, even if your plan is not yet approved.

Understanding the Repayment Plan

Your repayment plan is the core of Chapter 13 bankruptcy. Here’s how it works:

Plan Duration

  • 3 years if your income is below the state median
  • 5 years if your income is above the state median

Types of Debts Paid Through the Plan

  1. Priority debts: taxes, alimony, and child support (must be paid in full)
  2. Secured debts: like mortgage arrears or car loans (can be caught up over time)
  3. Unsecured debts: credit cards, personal loans (you may pay a portion)

At the end of the plan, remaining eligible unsecured debts are usually discharged.

What to Expect After Filing Chapter 13

Once you’ve filed and begun payments:

  • You attend the 341 meeting (meeting of creditors)
  • The court will confirm or adjust your plan
  • If you complete all payments, the court will issue a discharge

Filing Chapter 13 may also help you:

  • Stop foreclosure and save your home
  • Protect co-signers
  • Keep all your property if you stick to the plan

Get Help with How to File Bankruptcy Chapter 13

Filing bankruptcy is a serious decision, but with the right help, it can lead to real financial relief. If you’re unsure how to file bankruptcy Chapter 13, the best move is to speak with a professional.

Legal Brand Marketing can connect you with trusted bankruptcy attorneys who know how to guide you through every step.
 Get started with a free evaluation and take control of your finances today.

Frequently Asked Questions (FAQs)

1. How long does it take to file Chapter 13 bankruptcy?

The paperwork can be prepared in a few weeks, but the plan itself lasts 3 to 5 years.

2. Do I need a lawyer to file Chapter 13?

It’s possible to file on your own, but the complexity of Chapter 13 makes it strongly recommended to use an attorney.

3. Can I keep my house and car if I file Chapter 13?

Yes, Chapter 13 is designed to help you catch up on missed payments and keep your assets.

4. What happens if I miss a payment?

Missing payments can lead to the dismissal of your case. You may be able to request a plan modification through your attorney.

5. Does Chapter 13 stop creditors from calling me?

Yes, the automatic stay stops most collection efforts once you file.

Key Takeaways

  • How to file bankruptcy Chapter 13 starts with an income, debt, and eligibility review
  • You must submit a repayment plan and begin making payments within 30 days
  • Chapter 13 helps stop foreclosure, protect assets, and reorganize debt
  • The plan lasts 3 to 5 years, depending on your income
  • Working with a bankruptcy attorney improves your chances of success

Start Your Free Bankruptcy Evaluation

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