Chapter 13 Bankruptcy

If any of the following apply, you should consider whether a Chapter 13 bankruptcy is a better option:

q       You are behind on mortgage or car payments

q       You have income tax debts.  Tax debtors gain real advantages with a Chapter 13 filing.  Tax debt info

q       You want to pay your debts but need time to do it

q       You have substantial non-exempt property you want to keep.

q       You have a co-debtor on a personal debt.

How Chapter 13 works

Questions about Chapter 13 cases

Original Wilson County Courthouse

When Chapter 13 isn’t the answer

 

·        Chapter 13 can stop repossessions and foreclosures, giving you time catch-up overdue payments.

·        You can avoid interest and penalties on overdue taxes.

·        There are no advance attorney fees for a Chapter 13 bankruptcy.  Fees in most cases are $1300 and are paid through the bankruptcy court.

·        Payments are set up through wage withholding

·        You must pay your disposable income into the bankruptcy plan for 3 to five years

·        A Chapter 13 plan can be converted to a Chapter 7 plan, if necessary.

 

 

When Chapter 13 won’t help

 

·        You do not have any regular income

·        You have no income after paying for basic needs

·        You are not willing to make payments for 3-5 years of the plan