Chapter 13
The Benefits of Chapter 13 Bankruptcy
Chapter 13 bankruptcy allows individuals to restructure their debts and cure defaults by making regular monthly payments to a bankruptcy trustee. Chapter 13 is similar to Chapter 7 because it provides immediate relief from creditors, including stopping foreclosure, wage garnishments, lawsuits, and other collection activities. It is different from Chapter 7 because the individual retains control over their property and nothing is liquidated.
Who Should File Chapter 13?
The most common filer in Chapter 13 is an individual who has fallen behind on mortgage payments and wishes to keep their home. In this case, a person has three to five years to use a payment plan to make up for missed payments while still making regular mortgage payments directly to the lender.
Chapter 13 is also a good option for high earners with unsustainable credit card debt. In this case, they pay a portion of their debt back over time at no interest. At the end of the case, any unpaid portion of the debt is discharged. Chapter 13 can eliminate some income tax debts while allowing time to repay the portion that cannot be eliminated. Chapter 13 can also catch up on missed car payments, unpaid water bills, and, in some circumstances, eliminate second mortgages completely.
What You Need to Know
For an individual filing Chapter 13 bankruptcy, the individual or married couple appears at a similar "meeting of creditors" about 30 days after the case is filed. The trustee in that case examines the individual about his or her paperwork. In Chapter 13, the filer will make monthly payments for three to five years in order to restructure their debts. A common case is one where the individual repays mortgage arrears through the court while making direct monthly payments to his or her mortgage lender.
There are certain qualifications that must be met in order to file a Chapter 13. For example, individuals in Chapter 13 must have filed all required tax returns for the four years preceding the filing, and they must file timely tax returns each year they are in Chapter 13. Attorney Logan Weinkauf brings over a decade of experience to bankruptcy litigation, appearing on behalf of both creditors and debtors. He has the experience and perspective to handle fraudulent transfer issues, defend proofs of claims, and defending debtors who face non-dischargeability adversary proceedings.
Let Us Help You Resolve Financial Challenges
Our experienced team specializes in a wide range of legal matters, including asset protection, Chapter 13 bankruptcy, Chapter 7 bankruptcy, debt relief, foreclosure prevention, loan modification, short sales, wage garnishment, credit card debt relief, debt collector harassment, eliminating second mortgages, levy garnishment, rebuilding credit, debt settlement, lien release, repossession, tax matters, and family law, wills, and trusts. We understand the overwhelming challenges that financial difficulties can bring, and we are here to provide you with expert guidance and representation. Trust Attorney Logan Weinkauf to advocate for your rights and help you navigate through these complex legal processes with confidence.
In conclusion, Attorney Logain Weinkauf offers a comprehensive range of services aimed at providing effective solutions to your financial and legal challenges. Whether you are seeking asset protection, debt relief, foreclosure prevention, or assistance with tax matters, our experienced team is dedicated to guiding you through the complexities of bankruptcy law. We are committed to helping you regain control of your finances, protect your assets, and find the best possible resolutions for your unique situation. With Attorney Logain Weinkauf by your side, you can trust that your case will be handled with expertise, compassion, and a commitment to achieving your desired outcomes. Contact us today to schedule a consultation and take the first step towards a brighter financial future.
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You shouldn't have to tackle all of the stress and frustration associated with these common individual and small business financial issues alone. Contact Attorney Weinkauf if you are facing serious financial trouble, and we will provide you with professional advice on what you can do to get out from under it all. Tell us about your concerns and the problems that you are facing, and we can explore your legal options together and find a solution that is right for you.
Logan Weinkauf has advised clients on creditor and debtor matters across many diverse areas of law, including corporate law, real estate, and family law issues in addition to bankruptcy. His experience puts him at the leading edge of debtor's rights, asset protection, and litigation, working as a trusted advisor to individuals, families, entrepreneurs, and business owners throughout Massachusetts. Call 508-375-3878 to schedule a consultation today and take the first step toward financial freedom.