As your Chapter 13 Bankruptcy attorney we will guide you throughout the whole process.
Here are the General Steps of a Chapter 13 Bankruptcy:
#1: Meet with the Badanes Law Office.
We will explain the process in more detail.
#2: Gather all of your financial documents.
We need to show the Chapter 13 Bankruptcy Trustee your financial condition.
#3: You have to complete a credit counseling class.
This can be done online.
#4: We will file your Chapter 13 Bankruptcy Petition.
Once we have all of your financial information, we can file your petition.
#5: The Chapter 13 Bankruptcy Court will assign a Trustee.
The Trustee is usually an attorney hired by the court.
#6: Difference between a Chapter 13 and a Chapter 7
So far, the steps between a Chapter 13 and a Chapter 7 Bankruptcy are very similar.
It is now that the difference comes into focus.
A Chapter 13 Bankruptcy is usually for those who have a high enough income to repay some of their debts. The Bankruptcy court will issue a reorganization of your debt, where some of your debt is paid off in full and some of your debts are only partially paid off.
#7: More differences
With the repayment plan of your debt, you usually have between 3 to 5 years to complete the Trustee’s repayment.
#8: What debts will be repaid, which ones will not be repaid
Typically, the Trustee will make you pay what are called “priority debts” first. These are any monies owed to the Bankruptcy court, any monies owed to your attorney and then any monies owed to the State and Federal taxes. You typically would pay what you owe, in full, on your priority debts.
Then you will pay your “secured” debts. A secured debt means that there is some type of collateral associated with your debt. The two best examples of this are: (i) your home and (ii) your car. The Trustee will typically make you pay those loans in full on your secured debt.
Finally, your “unsecured debt”, which is usually your credit card debts. Here, the Trustee will determine how much of your unsecured debt you can afford to pay. Typically, you only have to pay a portion of your unsecured debt back.
#9: Your bankruptcy case is done.