Whether you seek a Chapter 13 bankruptcy lawyer to save your home from foreclosure or your car from repossession, or you are concerned about out-of-control spiraling debt and want answers to deal with the possibility of a foreclosure or repossession, the team at Fletcher, Rohrbaugh & Chahine, LLP, can advise you and help you make better, more sound, and more strategic decisions.
Chapter 13 Basics
In a Chapter 7 bankruptcy, you generally liquidate a substantial portion of your non-exempt assets, if any, to pay down creditors and wipe your debt slate clean.
On the other hand, in a Chapter 13 bankruptcy, you simply restructure your debts so that their terms and conditions are workable.
Here is an analogy. Think of Chapter 7 bankruptcy as using a sledgehammer on your debts; Chapter 13 is akin to your Chapter 13 bankruptcy lawyer using a surgical instrument. Instead of having to sell off your property to pay creditors, a monthly payment plan is developed that allows you anywhere from three to five years to pay the debts. The plan will be carefully structured. Ideally, you can leverage it to make up past mortgage or car payments—even if you are way behind on your bills. Chapter 13, in other words, is a critical instrument that can help you keep possession of your home, as long as you abide by the terms and stipulations of the repayment plan.
There are limits and conditions on the filing, of course. For instance, if you owe more than $300,000 in “unsecured debt”—surgical expenses, medical bills, credit card bills, payday loans—Chapter 13 will not be an option. Likewise, if you owe over $1 million in mortgage payments or other loans, Chapter 13 won’t be an option.
Chapter 13 restrains creditors from contacting and harassing you. In order for a creditor even to contact you, he or she must first go to the court to get an order or risk punishment for violating bankruptcy laws. If a creditor violates bankruptcy law and harasses you despite the restrictions, record the information—exactly what happened—and tell your Chapter 13 bankruptcy lawyer as soon as possible.
Restrictions
Your Chapter 13 bankruptcy lawyer will tell you that during the reorganization period, your financial actions will be limited. If you want to sell stocks, bonds, or jewelry, for instance, you may have to file a motion with the court and appear before a judge. Your trustee will likely not object if you want to use the proceeds to pay down your plan or purchase an item that you previously had to liquidate. But it can be a frustrating process. Likewise, if you borrow money, get a raise, lose your job, or get a divorce, all of these factors can have an effect on your bankruptcy.
Our Chapter 13 Bankruptcy Lawyer Can Help You Throughout the Process
Connect with Chapter 13 bankruptcy lawyer Chris Fletcher at Fletcher, Rohrbaugh & Chahine, LLP, for an immediate, comprehensive, and confidential consultation about your financial situation. One of the keys to recovering from a financial struggle is locating and obtaining great resources and people who can give you the guidance, tools, and structure you need to repair your financial life. Connect with us at (913) 390-8555, or learn more about bankruptcy law and our services at www.kansasmissourilaw.com.
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Fletcher, Rohrbaugh & Chahine, LLP represents people in Eastern Kansas and Western Missouri including; Johnson County KS, Miami County KS, Wyandotte County KS, Douglas County KS, Leavenworth County KS, Jackson County MO, Platte County MO, and Cass County MO.
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