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Your Debts in a Chapter 13 Bankruptcy

Struggling under massive debt can be overwhelming and may seem hopeless at times. You may like you have no options. If you are having difficulty paying your debts, consider filing for Chapter 13 bankruptcy. This type of bankruptcy allows individuals and married couples reorganize their debt, and create a repayment plan. For more information about how your debts can be reorganized, read the information below. Then, call an experienced bankruptcy attorney in the Bay Area today.

Qualifying for Chapter 13

Filing for Chapter 13 bankruptcy allows you to reorganize your debt so that you can make lower payment over a specified period of time. Before you file for Chapter 13, you will need to meet specific qualifications. Unlike Chapter 7 bankruptcy, only individuals and married couples can file for Chapter 13. If you have recently filed for either Chapter 7 or Chapter 13, you may not qualify to re-file now. If your previous bankruptcy petition was dismissed for certain reasons, such as violating a court order, you may not qualify for Chapter 13. Another qualification is a limitation on your debt. You may only file for Chapter 13 if you have less than $1,149,525 in secured debts and $383,175 unsecured debts. Determining whether you qualify can be complicated, so consult with a reputable bankruptcy attorney before starting the process.

Debt Repayment Plan

The purpose of Chapter 13 bankruptcy is to allow you, the debtor, to pay off your debt in a manageable, practical way. If your petition is successful, your monthly payments will likely be much less than they currently are. During the bankruptcy process, you will be required to make payments in your debts. In fact, you may be required to pay off some debts in full under your payment plan. Other debts may require only a partial payment.

Whether you must pay all or part of a specific debt depends on whether the debt is secured or unsecured. A secured debt is one attached to collateral. The most common example of a secured debt is a mortgage; the debt on a mortgage is secured by the real property itself. An unsecured debt, such as credit card debt, is not secured by collateral. Your repayment plan and schedule will depend on the specific type of debt you owe. There are many variables that affect how much debt you must repay. A bankruptcy lawyer can help you create the best repayment plan possible under the law.

Experienced Bankruptcy Attorney in the Bay Area

If you are considering filing for Chapter 13 bankruptcy, you should consult with an experienced attorney as soon as possible. There are important steps you will need to take before filing your case. At the Law Offices of Melanie Tavare, we understand your situation is difficult and are here to help. We are dedicated to assisting our clients through their bankruptcy proceedings. Our experienced lawyers will work closely with you to devise the best repayment plan for you. To learn more about how Chapter 13 can benefit you, contact our Bay Area offices today. Call us now at 510-255-4646 or contact us online and schedule your free legal consultation.

The Law Offices of Melanie Tavare are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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"Melanie is the best she very responsive and helpful throughout the process everything was taken care of smoothly. If you are thinking of going through bankruptcy she is the best attorney for you. I will forever be grateful having the chance to work with her. She is very honest too."


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"What I liked about working with Melanie was how prompt and easy to work with she was. She made the process clear and understandable with as little stress as possible. I would work with her again and recommend her to others."