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Stop Foreclosure, Garnishments & Repossessions
Chapter 13 Bankruptcy  |  No Attorney Fee to File   |   Only $360 in Court Costs


How to Stop Creditors and Keep Your Home & Car

​If you've gotten behind on car payments or mortgage payments on your home because of temporary problems like job loss, divorce or illness, Chapter 13 bankruptcy will:
  • Give you time to get back on your feet, catch up on back payments.
  • Let you keep your car and home -- even if you are in foreclosure.
  • Stop wage garnishments and collection calls giving you breathing room.
  • Reduce high interest rate car loans.
  • And if your car loan is over 30 months old and more that your car is worth, the loan amount can be reduced.
Chapter 13 does not work if you have no income but if you now have a job or source of regular income, here's how it works:

​File Chapter 13 Bankruptcy.  You must:
  • Provide information to your lawyer to generate your Chapter 13 Petition and forms.
  • Attend a brief online credit counseling course costing about $50.
  • Pay $310 in filing fees required by the bankruptcy court at filing.
  • This will immediately stop the foreclosure allowing you to continue to live in your home.
  • This will also immediately stop all garnishments of your wages and bank accounts.
  • It will also stop repossessions -- if you file before your car or property are repossessed.
  • This typically takes a couple of weeks but can be done in days if necessary.

Make Chapter 13 Plan Payments.  Then over the next three to five years (the "Term" of your Chapter 13 "Plan") you must pay the Bankruptcy Trustee enough money monthly to:
  • Pay your regular payment on your home and other secured debt like your vehicles.
  • Pay the delinquent payments on your home, vehicles and other secured debt -- over three to five years.
  • Pay court ordered fees to the Bankruptcy Trustee and your lawyer.
  • Pay at least as much as you would have paid had you filed Chapter 7.  Typically nothing.
  • Pay anything left from your income after you have paid all of you ordinary living expenses like food, clothing, utilities and the like and the foregoing.  Typically not much.

In Summary.
  • Your Chapter 13 lasts about three to five years -- sometimes less.
  • You have three to five years to get caught up and back on your feet.
  • You pay your lawyer nothing to file.
  • Your lawyer is paid over the Term of your Plan from money that normally would go to unsecured creditors like credit cards.
  • If you make all of your Plan payments, typically you lose none of your property.
  • Unsecured debts like credit cards and medical bills are typically paid little or nothing.
  • At the end of your Plan, all of your unsecured debt is wiped out or discharged.

Chapter 13 Has Other Benefits
  • Immediately stops tax collectors, wage garnishments, foreclosures, bill collectors, lawsuits and repossessions.

  • Can be filed for only $360 in court mandated fees paying nothing to your lawyer before your case is filed. 

  • Your legal fees are paid from money that would otherwise go to unsecured creditors like credit card companies.  Simply, credit card companies pay your attorney fees effectively costing you nothing.

  • "Discharges" or wipes out some – if not all – debts that you do not want to pay including credit cards, medical bills, deficiencies and the like.

  • Allows you to keep property that you would lose in Chapter 7.

  • Immediately stops creditors from pursuing co-signers on your debts like friends and relatives -- if you pay the debt in Chapter 13.

  • Normally lasts three to five years giving you time to catch up or "cure" delinquent or past due payments on home mortgages, car payments, back taxes and the like.

  • If collateral for a loan like your car is worth less than you owe, you may be able to reduce the amount you must repay on that loan and still keep your car.

  • Allows you to file another bankruptcy sooner than if you file Chapter 7.

  • Slightly less harmful to your credit than a Chapter 7.

  • Some debts that cannot be discharged in Chapter 7 can be discharged in Chapter 13.

  • You may be able to continue to operate your small business under Chapter 13, which is much more difficult under Chapter 7.
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  • Sometimes you don't have a choice.  If you make too much money, bankruptcy law requires you to file Chapter 13 instead of Chapter 7.

  • Finally, all competent Bankruptcy Lawyers require that all of their fee -- normally between $1,000 and  $2,000 -- be paid before they file a Chapter 7.  So do we.  However, if we believe you will be successful, we will file your Chapter 13 without a retainer -- only the $360 in court mandated costs -- and agree that our attorney fees will be paid over time from money that would go to credit card and collection agencies.​​​

​Call us 24/7 toll free at (877) 886-5955 for a free consultation with one of our experienced bankruptcy lawyers so we can answer any questions that you have.

This is not intended as legal advice to you because Chapter 13 is complicated and depends on your specific circumstances.  If you are considering a Chapter 13, call us toll free at (877) 886-5955 for a free consultation so we can provide legal advice tailored and specific to your unique situation.  There is no obligation and the call is confidential.
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