Many people mistakenly believe that bankruptcy is only for those with little to no income or property. However, filing for Chapter 13 bankruptcy 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.
No matter your situation, the team at Wolfson Bolton is here to help you understand everything you need to know about Chapter 13 bankruptcy. 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. Each chapter has its advantages and disadvantages. Our lawyers can carefully assess your options during a complimentary consultation.
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 three to five 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.
Chapter 13 is a form of debt reorganization. You will propose a three-to-five-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
Our certified consumer bankruptcy attorneys have years of experience with 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 bankruptcy or another debt-relief option can help you achieve financial freedom.
Schedule your free initial consultation by contacting us online or calling } today. We look forward to helping you overcome this challenging time.
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Troy, MI 48083