Chapter 13 Bankruptcy
|
A chapter 13 bankruptcy involves a repayment plan where most debt is repaid over 3 to 5 years (instead of according to the timeline when the debt was originally to be repaid). A Chapter 13 repayment plan is calculated based on a person's average monthly income during the six months before the bankruptcy is filed. If a person's income is below the median income for the state, the plan typically lasts at or around three years. If your income is above the state median income, a plan will likely last five years.
|
|
|
Chapter 13 carries with it the power to stop the bank from foreclosing on your home and cure any default of your mortgage agreement. Further, Chapter 13 can protect third parties such as people who have co-signed on a loan and may also be liable for the remaining unpaid debt.
|
Due to the complexity of the bankruptcy code, it is not advisable to attempt to file Chapter 13 without a bankruptcy attorney. Of those who attempt to file Chapter 13 on their own, only about 1 in 2500 succeed. People who hire a bankruptcy attorney to handle their Chapter 13 have a drastically greater chance of success.
Eligibility of Business Owners
Any individual who is self-employed or operating an unincorporated business is eligible to file chapter 13 as long as the individual's unsecured debts are less than $383,175 and the individual's secured debts are less than $1,149,525. These amounts are adjusted periodically to reflect changes in the consumer price index. Corporations, limited liability companies, partnerships, etc. are not for Chapter 13.
|
At Lazzo Law, we offer a 100% free consultation to evaluate your case and answer any questions you may have. With more than 35 years of experience, we've helped thousands of clients file chapter 13.
|