Port Saint Lucie Chapter 13 Bankruptcy Lawyer

Port Saint Lucie chapter 13 bankruptcy lawyer

Filing for bankruptcy is a major decision that affects your financial future, and choosing the right path is crucial. In Port Saint Lucie, Chapter 13 bankruptcy offers individuals a way to handle debt through a structured repayment plan.

At Fleysher Law, our dedicated Chapter 13 bankruptcy lawyers are committed to guiding you through this complex process. We offer personalized legal strategies to protect your assets and help you regain financial stability.

Understanding Chapter 13 bankruptcy and its implications can help you decide if it's the right option for you. Our Port Saint Lucie Chapter 13 Bankruptcy Lawyers are here to explain the benefits and requirements of Chapter 13 bankruptcy. Let our knowledgeable bankruptcy attorney advocate for your rights and needs.

Our Port Saint Lucie Chapter 13 Bankruptcy Lawyer Helps You

Our Port Saint Lucie chapter 13 bankruptcy lawyers help you

Our Port Saint Lucie Chapter 13 bankruptcy lawyer specializes in helping individuals work through the nuances of bankruptcy law. We know that each client's situation is unique, and we tailor our legal advice to meet your needs. Our team strives to ensure that you know all your choices and the steps involved in filing for Chapter 13 bankruptcy.

We are dedicated to offering support throughout the entire bankruptcy process. Our lawyers stand by your side from the first consultation to the last debt discharge. We aim to help you achieve a fresh financial start, allowing you to move forward confidently.

Trust our expertise to guide you through each Chapter 13 bankruptcy case step. Reach out to us for help with your bankruptcy case.

What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy, often called a wage earner's plan, allows individuals with regular income to craft a plan to repay all or part of their debts. With this type of bankruptcy, individuals propose a repayment plan to pay installments to creditors for three to five years. This option is ideal for those who have valuable assets they wish to keep, which might otherwise be forfeited in a Chapter 7 filing.

Chapter 13 provides a structured path toward debt relief, allowing you to keep your property. It's designed to give you a financial rebirth, protecting you from creditors' collection efforts while you work through your repayment plan. This type of bankruptcy can also stop foreclosure processes, allowing you to catch up on missed mortgage payments.

Differences Between Chapter 7 and Chapter 13

  • Type of bankruptcy. Chapter 7 is called liquidation bankruptcy, whereas Chapter 13 is considered reorganization bankruptcy.
  • Asset liquidation. In Chapter 7, assets may be sold off to pay debts; in Chapter 13, assets are generally retained.
  • Income requirements. Chapter 7 requires passing a means test showing limited income, while Chapter 13 requires regular income for a repayment plan.
  • Debt discharge. Chapter 7 quickly discharges eligible debts; Chapter 13 involves repaying debts over time.
  • Impact on credit. Both types of bankruptcy impact your credit, but Chapter 13 may be seen more favorably because it involves the repayment of debts.
  • Foreclosure prevention. Only Chapter 13 can stop a foreclosure and let you catch up on mortgage payments.
  • Duration. Chapter 7 proceedings can be completed within months, whereas Chapter 13 takes 3-5 years due to the repayment plan.

Who Qualifies for Chapter 13 Bankruptcy?

Qualifying for Chapter 13 bankruptcy requires having a regular income high enough to support a monthly payment plan.

Your total debt must also not exceed certain limits; as of 2021, unsecured debts must be less than $419,275, and secured debts must be less than $1,257,850. These figures are adjusted periodically to reflect changes in the consumer price index.

Individuals facing high amounts of debt but still earning a steady income often find Chapter 13 to be a suitable option. It allows them to reorganize their finances without the severe effects of liquidation.

Our team at Fleysher Law can help determine if Chapter 13 bankruptcy is the proper choice for you based on a detailed analysis of your financial situation.

How Chapter 13 Bankruptcy Works

How chapter 13 bankruptcy works

Chapter 13 bankruptcy starts with filing a petition in the bankruptcy court serving the area where you live.

Once you file, the court places an automatic stay on most collection actions against you and your property. This stay occurs the moment you file the bankruptcy petition, which means creditors must cease foreclosure actions, garnishments, and all collection activity.

Creating a Repayment Plan for Debts

Developing a repayment plan is a critical component of Chapter 13 bankruptcy. This plan outlines how you will repay your debts over three to five years. Your plan must be approved by the court and is overseen by a bankruptcy trustee who distributes payments to creditors.

Role of the Bankruptcy Court and Trustee

The bankruptcy court is critical in overseeing your Chapter 13 case. The judge will confirm your repayment plan and ensure it meets the bankruptcy code requirements.

A trustee is appointed to administer the case, collect payments from you, and distribute them to creditors according to the plan's terms.

Duration of the Repayment Plan (3 to 5 Years)

The length of your Chapter 13 repayment plan depends on your average monthly income over the six months before filing.

If your income is above the median for your state, you will likely have a five-year repayment plan. If it is below the median, you can propose a three-year plan. This timeframe allows for a manageable repayment schedule that is compatible with your financial situation.

Benefits of Filing Chapter 13 Bankruptcy in Port Saint Lucie

  • Foreclosure avoidance. Chapter 13 bankruptcy can halt foreclosure proceedings and let you make up overdue payments.
  • Creditor harassment stops. As soon as you file for Chapter 13, creditors must stop all harassment and collection communications.
  • Debt consolidation. Chapter 13 consolidates your debts into a single monthly payment, making it easier to handle your finances.
  • Protection of assets. Unlike Chapter 7, Chapter 13 does not require you to sell your assets to pay your debts.
  • Opportunity for discharge. After completing your repayment plan, remaining eligible debts may be discharged, freeing you from further obligation.

The Chapter 13 Bankruptcy Process

The chapter 13 bankruptcy process
  1. Consult a seasoned bankruptcy attorney. Partnering with a knowledgeable attorney ensures that your bankruptcy petition is properly prepared and filed.
  2. File the petition. Filing the bankruptcy petition starts your case and activates the automatic stay.
  3. Submit your repayment plan. You must submit a repayment plan for court approval within 14 days of filing your petition.
  4. 341 meeting. This meeting of creditors allows them to ask questions about your debts and financial situation.
  5. Plan confirmation. The bankruptcy court must approve your repayment plan, sometimes after negotiations to modify terms.
  6. Make payments. Start making payments based on the confirmed plan.
  7. Discharge. After completing all plan payments, most of your remaining debts will be discharged.

When You File Bankruptcy: Common Types of Debts Addressed in Chapter 13

  • Credit card debt. Chapter 13 can help manage large amounts of credit card debt by including it in the repayment plan.
  • Medical bills. Like credit card debt, medical bills can be consolidated and paid through your Chapter 13 plan.
  • Mortgage arrears. If you're behind on your mortgage, Chapter 13 lets you catch up on late payments over the life of your plan.
  • Car loans. Reducing the principal or interest rate on car loans through Chapter 13 may be possible.
  • Non-dischargeable debts. Some debts like student loans and certain taxes aren't dischargeable but can be managed through a Chapter 13 plan.

Filing Bankruptcy: How a Port Saint Lucie Chapter 13 Bankruptcy Lawyer Can Help

An experienced bankruptcy lawyer can walk you through the Chapter 13 process, ensuring you know all steps and requirements. Our team can help design a repayment plan that fits your financial situation and meets court approval.

Our lawyers negotiate with creditors to achieve favorable terms within your repayment plan. We also represent you at all required hearings, including meeting your creditors and court appearances.

Lastly, we provide advice on managing your finances post-bankruptcy, helping you stay on stable financial ground.

FAQs

Individuals with regular income who can commit to a repayment plan and meet the debt limits for secured and unsecured debts may qualify for Chapter 13 bankruptcy.

Unsecured debts like credit cards and medical bills may be discharged after completing the repayment plan, while secured debts (e.g., mortgages) may be reorganized.

The repayment plan typically lasts 3 to 5 years, depending on your income and debt levels.

Contact Our Port Saint Lucie Chapter 13 Bankruptcy Lawyer for a Free Consultation

Contact our Port Saint Lucie chapter 13 bankruptcy lawyer for a free consultation

Financial hardship is stressful. So, if you're considering filing for Chapter 13 bankruptcy in Port Saint Lucie, don't go it alone. Fleysher Law is ready to help you.

If you want to eliminate unsecured debt, our bankruptcy law firm is ready to help you. Our Port Saint Lucie bankruptcy lawyers are ready to assist you. Contact our port Saint Lucie Chapter 13 Bankruptcy Lawyer to schedule a free consultation.

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