Newark Consumer Law Firm

Chapter 13 Bankruptcy Lawyer in Newark

Many people mistakenly believe that bankruptcy is only for those with little to no income or property. However, Chapter 13 is a viable debt-relief option for those who can afford their bills but cannot pay off all their debt in a reasonable amount of time.

Some choose Chapter 13 because they own several assets that would be liquidated under Chapter 7, while others choose Chapter 13 because they make too much to qualify for Chapter 7. No matter your situation, our team at Dublin Packard, Attorneys at Law is here to help you understand everything you need to know about Chapter 13 bankruptcy. Each chapter has different advantages and disadvantages, and we can carefully assess your options during a complimentary consultation.

Schedule your appointment today by calling (862) 305-4901 or contacting us online. We know your time is valuable, which is why we offer same-day services and immediate support.

Who Can (and Should) File Chapter 13?

Chapter 7 has income limits but no debt threshold. Chapter 13 is the opposite.

To qualify for Chapter 13 bankruptcy, you must owe no more than:

  • $419,275 in noncontingent, liquidated unsecured debts; and
  • $1,257,850 in noncontingent, liquidated secured debts.

So long as you owe less than these amounts, you can qualify for Chapter 13 regardless of your monthly income or the value of your assets.

Chapter 13 may be the right solution for you if:

  • You have a steady source of income. Your income should be enough to make monthly payments toward your debt for 3-5 years.
  • You have assets that you would lose through liquidation under Chapter 7. Do not assume, however, that the Chapter 7 trustee will take everything you own—or even anything at all. Speak with our attorney to learn about property exemptions and whether Chapter 13 is the only way to keep your funds and assets.
  • You make too much to qualify for Chapter 7. Our attorney can help you determine your eligibility for Chapter 7 through the means test.
  • Your biggest goal is to avoid repossession and/or foreclosure. While Chapter 7 may eliminate your liability for a mortgage or auto loan, it won’t necessarily prevent you from losing your home or vehicle. Chapter 13, on the other hand, can give you the time you need to catch up on delinquent payments, reaffirm your loan, and even negotiate a loan modification with your lender.

Deeper Understanding. Better Solutions.

Defining Success Together
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THE CHAPTER 13 PROCESS

Chapter 13 is a form of debt reorganization. You will propose a 3-5-year repayment plan, and, once the court confirms this plan, the trustee will collect your monthly payments and disburse them to creditors by order of priority under the Bankruptcy Code.

The size of your monthly payment will depend on several factors. Because creditors are entitled to just as much reimbursement as they would receive if you had filed Chapter 7, your repayment plan must include the total value of your nonexempt assets (i.e. property you cannot protect with state or federal exemptions). Fortunately, your plan does NOT need to cover the total amount of debt you owe.

If you complete your entire plan, the court will discharge any remaining debts, including:

  • Credit card debt
  • Medical debt
  • Unpaid utility bills
  • Payday loans

Chapter 13 is only available to individuals and sole proprietors. If you are interested in a form of debt reorganization for your business, you may consider Chapter 11. There is also a section of Chapter 11 called Subchapter V, which is specifically for small businesses.

WHY CHOOSE OUR FIRM?

Our attorney has 20+ years of experience assisting clients with bankruptcy and other debt-related matters. We are here to provide the well-honed legal skills you need, as well as the warm, welcoming environment you deserve. Let us conduct a thorough assessment of your situation so we can determine whether Chapter 13 or another debt-relief option may help you achieve financial freedom.

Schedule your free initial consultation by contacting us online or calling (862) 288-7945 today. We look forward to helping you overcome this challenging time.

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Get to know us through their experiences. 
  • “You made me feel so good again and you helped me save my home.”

    - Michelle
  • “He provided excellent advice and guidance for myself and my company.”

    - Gary
  • “I’m rebuilding my credit and in two years I should have my credit score back up to 750.”

    - Dave
  • “Then we found Todd Murphy Law...Wow! Were we glad we did.”

    - Jack
  • “With Todd Murphy's help I was able to stop the sale and save my home.”

    - Joanne
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