Long Island Chapter 13 Bankruptcy Attorney
Chapter 13 bankruptcy involves a payment plan in which you repay some or all of your debt over a period of several years. You would consider this option if you are in foreclosure. Chapter 13 stops foreclosure and enables you to pay the mortgage arrears back over a period of time, usually without any interest at all.
You would also consider Chapter 13 if you have assets that you want to keep which are not totally protected by one of the exemption statutes in a Chapter 7 proceeding.
Under Chapter 13, debtors propose a payment plan to make installments to creditors over three to five years. The entire process is carried out under the supervision of the court. No matter how many creditors you have, you only make one payment per month, which is to the Chapter 13 trustee.
Chapter 13 acts like a debt consolidation loan under which you make the plan payments to a Chapter 13 trustee, who then distributes payments to creditors. If you file for Chapter 13 relief, you will not have any contact with credit card companies while under Chapter 13 protection.
Chapter 13 bankruptcy offers individuals who are in foreclosure with a number of advantages over Chapter 7 relief. Perhaps most significantly, Chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, you can stop foreclosure proceedings and cure delinquent mortgage payments over time. Nevertheless, you must still make all new monthly mortgage payments that come due during the Chapter 13 plan on time.
Another advantage of Chapter 13 over Chapter 7 is that even if you have non-exempt assets, you may keep them.
Our experienced Long Island bankruptcy lawyers can explain the process and help create a proper Chapter 13 Plan to ensure that it is a successful one.
If you are in foreclosure, you owe it to yourself and your family to learn how Chapter 13 bankruptcy can help you save your home.