Chapter 13 Bankruptcy
For some, Chapter 13 may be more advantageous than Chapter 7. Chapter 13 may help you stop a foreclosure, cure mortgage and auto arrears, eliminate a second or third mortgage, catch up on child support, or pay back real estate and income taxes. Some people who may not be eligible to file Chapter 7 may still be eligible to file Chapter 13 and eliminate some if not all of their debts. Chapter 13 may also allow you to keep certain assets which you may not be able to keep if filing Chapter 7.
At the Tampa Bay law firm, the Law Offices of Robert M. Geller, P.A., we help people file for bankruptcy protection under Chapter 13 of the Bankruptcy Code. After we help you to complete the required documents and submit them to the bankruptcy court, creditors must stop all threatening phone calls, collection notices and other types of creditor harassment.
How Chapter 13 Works
Chapter 13 bankruptcy is a reorganization of your debts over a period of three to five years. Payments are made to a Chapter 13 trustee during this period. At the end of the payment period, some, if not all, of your unsecured debt may be discharged. In Chapter 13, a written plan is filed determining how your debt will be handled and determining your payments. Our attorneys help you determine how to repay your secured debts such as your mortgages, back real estate taxes or your car payments. The plan also provides for treatment of unsecured debt such as credit cards, signature loans, medical debt, and repossessions. Our attorneys also help determine whether any of your unsecured debt needs to be paid back depending on your income, expenses and assets.
What Can I Keep Under Chapter 13 Bankruptcy?
A Chapter 13 bankruptcy filing may allow you to keep most of your property. It may help you stop a foreclosure of your home or a repossession of your vehicle even if you are behind in payments.
What if I Have a Second Mortgage? Do I Have to Pay?
If your house value has declined to the point where you owe more to the first mortgage holder than your home is worth, you may be able to eliminate any second or third mortgages and discharge the debt owed under Chapter 13. Your bank or other mortgage holder will seldom do this unless the debtor has the protection of the bankruptcy court. Many of our clients have used the Chapter 13 bankruptcy process to eliminate second and third mortgages.
Other Benefits of Chapter 13
In addition to stopping creditor harassment, eliminating or reducing second mortgages, and allowing you to keep your house and car, other possible benefits of a Chapter 13 bankruptcy may include predictable payments, protection of any co-signers, and stopping tax penalties and interest charges.
Contact a Bankruptcy Lawyer
To learn more about Chapter 13 bankruptcy and whether it is the right path for you, contact our Tampa, Florida, law firm. Call us at 813-254-5696 to schedule a free initial consultation. Attorney Robert M. Geller is a certified specialist in Consumer Bankruptcy Law by the American Board of Certification *.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
* Accredited by The Florida Bar to certify lawyers in the specialty area(s) of consumer bankruptcy law.