Debt and Bankruptcy

What is a Chapter 13 Lawyer?

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2011-01-17 16:11:51
2011-01-17 16:11:51

A Chapter 13 lawyer specializes in a specific type of bankruptcy law known as Chapter 13. When filing for any type of bankruptcy, it is typically necessary to get in touch with a lawyer in order to make sure that the debtor is able to receive the maximum benefit from the proceedings. Generally speaking, it is usually better to work with an attorney who specializes in the specific type of bankruptcy that is being filed for.

Chapter 13 bankruptcy can be thought of as a form of debt reorganization. This is opposed to liquidation, in which an individual sells off all of their assets in order to pay of the debts that they can. For individuals who can demonstrate an ability to pay off some or all of there debt, but in a different time frame than the original contract required, this may be a better choice. For those who are hoping to keep their property, such as their home and car, this is typically a better option than Chapter 7 bankruptcy. Both Chapter 7 and Chapter 13 bankruptcy are for individuals, not businesses, which typically file for Chapter 11.

With Chapter 13 bankruptcy, you first must visit with a credit counselor and give information about all of your debt. A list of monthly expenses is also required. Any money that is left over will be used to pay off your existing debts. Debt to employees, taxes, child support, and so on take the highest priority. Second priority debts are secured debt, like car payments. Unsecured debt, like credit cards, comes last.

When you file for Chapter 13, creditors can no longer take legal action against you. The Chapter 13 lawyer will field all calls regarding the debt. If you fail to file for bankruptcy before your home goes into foreclosure, your home can still be compensated.

To qualify, the about of debt is limited. Generally, you can not owe more than $900,000 in secured debt and $300,000 in unsecured debt. You must be able to demonstrate that you can repay the debt. Have a Chapter 13 lawyer look over your information to ensure that it is possible for you to handle the payments.

If you find yourself in a situation where you are unable to honor the new payment plan, the court may allow you to convert the Chapter 13 bankruptcy into Chapter 7 bankruptcy. At the end of the bankruptcy period, most of your debts will be erased, although child support, alimony, and student loans typically will still need to be repaid.

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Related Questions


A chapter 13 lawyer is good at filing for bankruptcy for their client. A bankruptcy lawyer can help you find the best financial path after filing for bankruptcy.


Typically, The average fee on chapter 13 bankruptcy from a lawyer is around two thousand five hundred dollars. However, the average fee can vary from lawyer to lawyer.



contact a bankruptcy lawyer


First, contact a lawyer in your state to make sure you qualify. The lawyer in your state will be able to walk you through the proper steps to file chapter 13 bankruptcy.



This question makes no sense. The 13 should be dismissible by the debtor or the court. You may not be entitled to a discharge, but what was the point of the 13? You need to talk to your lawyer, and if you filed a chapter 13 without a lawyer and get screwed, well....


A lawyer is actually one of the best resources for information about bankruptcy. There are even bankruptcy lawyers who specialize in Chapter 7 and Chapter 13 bankruptcy law.


You cannot change my bankruptcy, but you can convert your Chapter 13 to a Chapter 7. It happens frequently. You may want to check with your lawyer or an experienced lawyer since it can have unintended consequences.


You will know your chapter 13 bankruptcy is over once it is discharged. You will receive paperwork stating this either in person from your lawyer, or through the mail.


You can get a Chapter 13 bankruptcy dismissal by asking your lawyer to ask the trustee for a dismissal. If you are having trouble making the payments, you can ask for you bankruptcy to be modified.


A person that can help with Chapter 7 Lawyer service is Walton Legal Services. A Chapter 7 Lawyer helps with bankruptcy. There are different Chapter 7 Lawyer services depending on where you live.


when doe the lawyer file a motion for a discharge


Yes, they can be discharged. A chapter 13 may not be the best way to go, however. You should consider a chapter 7, if you qualify. Consult a local bankruptcy lawyer.


Talk to your Lawyer and tell him your concerns, but If your Lawyer said "Not Yet", then wait for a go signal.


You should check with a Lawyer concerning transfer of property and Chapter 13 bankruptcy. Some things are legal and some things could bring a conviction of fraud and prison time. Sometimes there is an extremely thin line between the two! I assume that whoever is filing Chapter 13 has a lawyer. That would be the person to check with.


If by "you" you mean the debtor who is in a Chapter 13, yes. If the car is subject to a purchase-money loan, it can get complicated, so you should talk to your bankruptcy lawyer.


No. A Chapter 13 that is converted to Chapter 7 must have been ORIGINALLY filed at least 8 years from the prior Chapter 7. So, if you filed Chapter 7 in 2001, then filed Chapter 13 in 2005, you can't wait until 2009 and then convert the 13 to 7 since it was filed within 4 years of the prior 7. In this case, you would have to wait until 2009 and then DISMISS the Chapter 13 and re-file a new Chapter 7 after the 8 years from the prior 7 expired. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!


Depends on your situation, chapter 13 is easier on your credit, chapter 7 dismisses your debts if you qualify but hurts your credit more and stays on your report for 10 yrs. Check with a lawyer, most offer a free 1 time counsiltation and will advise you of your options.


Probably, though it may depend on why the case was dismissed. Consult an experienced bankruptcy lawyer about whether your dismissal order would present you with problems, and about whether filing another Chapter 13 or filing a Chapter 7 would be advisable.


can i convert my chapter 13 to a chapter 7 if i filed a chapter 7 in 2005


A Chapter 7 can be filed with an open Chapter 13.


can you change your filing from chapter 7 to chapter 13 ?


What is Legal to file Chapter 13 on ?


2 years after the discharge of the previous chapter 13.



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