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Chapter 13 Bankruptcy Lawyers in Burlington County, NJ

How Chapter 13 Works

If you can pay off some of your debts, Chapter 13 allows you to set up a payment plan for anywhere from three to five years. Chapter 13 bankruptcy is a good option for you if you have assets you don’t want to lose – like a home and car – or if you have a regular income but cannot handle the debt you have accumulated. The payment plan you organize with your McDowell Posternock Apell & Detrick, PC attorney will allow you to pay off your debts in a more tolerable fashion and get you on the road to financial recovery.

Benefits of Chapter 13 bankruptcy include:

  • Putting an end to wage garnishments
  • Freezing home foreclosures and vehicle repossessions
  • Developing a manageable monthly payment for all your debt
  • Earning a better way to handle any student or tax loan debt
  • If your house’s market value is less than what you owe on your mortgage you can possibly eliminate second liens such as home equity loans

As with Chapter 7 bankruptcy, there are certain debts that cannot be discharged in Chapter 13 bankruptcy, including:

  • Tax debt less than three years old
  • Government and court-related fines
  • Child and spousal support

Steps Involved in Chapter 13 Bankruptcy

The process for Chapter 13 bankruptcy has some similarities to a Chapter 7 bankruptcy, but your case will last longer since you are repaying your debts over a span of 3 to 5 years. Here is what you can expect during the process:

  1. Provide your lawyer with all pertinent financial documents. Your McDowell Posternock Apell & Detrick, PC attorney will draft the legal documents and prepare you for the bankruptcy proceedings. Upon filing, an automatic stay begins immediately, and creditors will no longer be able to contact you.
  2. You will take a mandatory consumer credit counseling course that can be completed from home. You will later need to complete a financial management course, which you attorney will prep you for.
  3. After filing for bankruptcy, you will develop a 3 to 5 year repayment plan with the assistance of your McDowell Posternock Apell & Detrick, PC attorney. The plan will set forth how you plan on repaying debts, including: mortgage, motor vehicle, credit card, taxes, and child and spousal support.
  4. You will meet with the chapter 13 trustee in a creditors meeting. During the meeting, your trustee will ask you questions about your debts, income, and assets; they will review your repayment plan, confirming it meets bankruptcy law criteria. Any of your creditors are permitted to attend this meeting, but few creditors choose to do so.
  5. Once your plan is approved, you will make payments according to this plan for 3 to 5 years. After your repayments are complete, your bankruptcy case will then be discharged.

Why should I consider filing for Chapter 13 bankruptcy?

  • Get a professional opinion from an expert about the best way to handle your debts.
  • Learn how Chapter 13 bankruptcy can help you reorganize your debts and set up a manageable payment plan.
  • Stop wage garnishments and freeze foreclosures or repossessions.
  • Organize the best possible repayment plan, ensuring its approval in court.
  • Receive guidance through the entire bankruptcy process and professional representation in court.
  • Be provided with assistance rebuilding your credit.

Seek bankruptcy advice with a free phone consultation

Are you considering Chapter 13 bankruptcy as a solution to your growing financial struggles and debt? Rest assured that the knowledgeable South Jersey bankruptcy attorneys at McDowell Posternock Apell & Detrick, PC will guide you through the entire process and thoroughly explain your options. Call us today or fill out our contact form to schedule a free phone consultation.

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We closed our house sale yesterday with Melanie Levan. She was so professional, knowledgeable and great to work with. I felt as if she was looking out for us like family. I highly recommend her.

Debbie Poley Thompson

Our Awards

McDowell Posternock Apell & Detrick attorneys have received recognition from various groups and publications. Specific awards are noted on our attorney bios. More information about each of these awards and the methodology used for selection can be found on the following links. Super Lawyers, Awesome Attorneys, South Jersey Biz Best Attorneys in Business. No aspect of these accolades has been approved by the Supreme Court of New Jersey.

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