When you are dealing with large amounts of debt, even making your payment can feel like a drop in the bucket. High debt can be very difficult to manage, and maintaining payments may not possible. You may have lost a job, fallen ill, or dealt with other circumstances that worsened your financial situation. No matter how you fell behind on your debt, the reality of being unable to pay can make things seem hopeless. Fortunately, you have options that will help you deal with the debt. You may qualify to file for Chapter 13 bankruptcy, which allows you to reorganize your debt into something more manageable. However, not everyone is eligible to file under Chapter 13. Read the information below about qualifying and filing for this type of bankruptcy. Then, consult with a bankruptcy attorney in San Francisco about your options.
Unlike Chapter 7 bankruptcy, Chapter 13 does not discharge your all of your debts. When you file for Chapter 7, you are requesting that a court authorize non-payment of some of your debts. When filing a case under Chapter 13, you instead ask the court’s help in reorganizing your debt. This allows you to make lower payments on your debt over a specified period of time.
Only individuals and married couples, not businesses, can file for Chapter 13. Before filing for this type of bankruptcy case, you must be sure that you qualify for Chapter 13. Any recent previous bankruptcy filings, whether for Chapter 7 or Chapter 13, may bar you from filing again for Chapter 13. Additionally, if you had filed for bankruptcy before but the court dismissed that petition, you may not qualify now for Chapter 13. Another criterion for Chapter 13 bankruptcy is your level of debt. If your secured debts exceed $1,149,525 and your unsecured debts exceed $383,175, you may not qualify. It is important to speak with an experienced bankruptcy lawyer to determine your eligibility.
Once you determine that you can file for Chapter 13, you can initiate your case in court. Filing for Chapter 13 can be very beneficial for numerous reasons. The court will appoint a trustee to help you create a repayment plan. This trustee will also work with your creditors so this new repayment plan can go into effect. After your bankruptcy decree, you will have a specified period of time to make reasonable payments. Your new payment plan can help you get reclaim financial stability.
It is important to note that filing for Chapter 13 is a complex process. There are many parties involved, including the trustee and each of your creditors. As a consumer you have rights that will need to be protected during this process. You do not have to face this process alone. Instead, contact an experienced bankruptcy attorney before filing.
At the Law Office of Melanie Tavare, we can help you overcome your financial burdens and manage your debt. Our office has served countless clients throughout the San Francisco area. We understand how important your case is, and we will always prioritize your legal goals. Contact us now to schedule a free consultation.
The Law Offices of Melanie Tavare is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code