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Houston Chapter 13 Bankruptcy Lawyers
If you are struggling with overwhelming debt, you may be considering filing for bankruptcy. While this is a good option for many people, it is important to understand that there are several different types of bankruptcy. Not all of them will be a great fit for your situation.
At Grand Law Firm, we are here to help you determine if Chapter 13 bankruptcy is right for you. Our Houston Chapter 13 bankruptcy lawyers can assess your financial situation and help you make the right decision.
If you are interested in filing for Chapter 13 bankruptcy, you will need to file a petition with the court and attend a meeting of creditors. After that, the court will require you to submit a repayment plan that details how you will make monthly payments to a trustee over a three-to-five-year period.
While Chapter 13 bankruptcy is often associated with debt repayment, it should be noted that not all debts need to be repaid. If you are behind on your mortgage or car loan, those debts must be paid in full. On the other hand, if you are behind on credit card debt, you may be able to pay a percentage of it over time.
To discuss your situation with an experienced Houston Chapter 13 bankruptcy attorney, contact Grand Law Firm online or call (346) 209-0438 today!
What Is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is also known as "reorganization" bankruptcy. It is a form of bankruptcy that allows an individual or a business to reorganize their finances, rather than liquidating their assets. It is most often used by individuals who have a steady income and want to avoid liquidation. However, it can also be used by businesses that have been struggling to pay their debts.
Under Chapter 13, the court does not sell your property, but instead approves a structured plan that shows how you will pay back some or all of what you owe over time. This makes Chapter 13 different from Chapter 7, where many nonexempt assets may be sold to pay creditors. For many families in the Houston area who want to keep their homes or vehicles, working with a Chapter 13 attorney can be an important way to protect the things that matter most while still addressing debt.
Common features of Chapter 13 bankruptcy include:
- Structured repayment plan that typically lasts three to five years and consolidates many of your eligible debts into one monthly payment.
- Opportunity to catch up on past-due mortgage or car payments over time instead of facing immediate foreclosure or repossession.
- Protection of assets that may allow you to keep your home, vehicles, and other property while you complete the repayment plan.
- A court-supervised process in which a trustee and bankruptcy judge oversee your case and ensure creditors are treated fairly under the law.
Who Is Eligible for Chapter 13 Bankruptcy?
In order to qualify for Chapter 13 bankruptcy, you must have a regular income that is sufficient to pay your monthly living expenses and make payments on your debts. You must also pass the "means test," which determines whether or not you have the ability to pay back your debts through a Chapter 13 repayment plan.
Filing for Chapter 13 bankruptcy may be an ideal choice for individuals who are behind on their mortgage or car loan, but it may not be the best option for those who are struggling to make their monthly payments on credit card debt.
There are also limits on how much secured and unsecured debt you can have and still qualify, and certain recent bankruptcy filings can affect your eligibility. Because the rules can be complex and are applied through the federal bankruptcy court serving Houston, it is wise to sit down with a Chapter 13 lawyer who can review your income, household budget, and debt balances before you decide how to move forward.
Key factors that affect Chapter 13 eligibility include:
- Stable, regular income that allows you to cover both your basic living expenses and a reasonable monthly plan payment.
- Total amount of debt, because the Bankruptcy Code sets limits on how much secured and unsecured debt you can have in a Chapter 13 case.
- Current on tax filings, since you generally must have filed required tax returns for recent years before your plan can be confirmed.
- Recent bankruptcy history, because prior cases that were dismissed or discharged can impact when you are allowed to file again.
What Is a Chapter 13 Repayment Plan?
If you are approved for Chapter 13 bankruptcy, you will be required to create a repayment plan that details how you will pay back your creditors over the course of three to five years. You will make payments to a trustee, who will then distribute the funds to your creditors.
The amount you will pay toward your debts will depend on your monthly income, as well as the amount of debt you owe. You must pay at least the "minimum payment" on all of your debts, but you can pay more if you want to.
It is important to note that some debts, such as back taxes, child support, and alimony, must be paid in full. On the other hand, you may only have to pay a percentage of your credit card debt.
In most cases, your plan will be reviewed by the trustee and confirmed by a bankruptcy judge after a hearing, and you will make one consolidated monthly payment instead of paying each creditor separately. If your income changes during the three-to-five-year period, your plan may be modified so that it remains affordable and realistic for your family. A Chapter 13 bankruptcy lawyer Houston residents trust can help you prepare a thorough plan, gather the documents the court requires, and respond if the trustee or a creditor objects to any part of your proposal.
Most Chapter 13 repayment plans address your debts in several categories:
- Priority debts, such as certain taxes, child support, and alimony, generally must be paid in full through the plan.
- Secured debts like mortgages and car loans, which may include payment of past-due amounts over time, so you can keep the collateral.
- Unsecured debts such as credit cards and medical bills, which may be paid only in part, depending on your income and available funds.
- Trustee fees and costs that are built into the plan payment, so you do not have surprise expenses outside your budget.
How Chapter 13 Bankruptcy Can Protect Your Assets
Many people in Houston worry that filing for bankruptcy means losing everything, but Chapter 13 is designed to help you keep important property while you repay what you can over time. As long as you stay current on your repayment plan and on any ongoing mortgage or car payments, you are generally able to keep your home, vehicles, and other essential assets. This can be especially reassuring if you are facing a pending foreclosure or repossession and are looking for a structured way to catch up without starting over.
When you file a Chapter 13 case, an automatic stay usually goes into effect that can temporarily stop collection actions, including foreclosure sales scheduled in Harris County and wage garnishments. That breathing room gives you and your attorney time to propose a plan that deals with past-due amounts in an orderly way instead of through urgent, last-minute arrangements. By working closely with a Chapter 13 bankruptcy attorney, you can understand which assets are protected, how your exemptions work, and what payments you will need to maintain to preserve your property during and after the plan.
Get Professional Chapter 13 Bankruptcy Assistance in Houston
Filing for bankruptcy can be a confusing and stressful process. It is important to have an experienced advocate on your side who can help you understand your options and make the right decision. At Grand Law Firm, we have helped many people with their bankruptcy decisions.
When you work with our firm, you can rest assured that we will work hard to help you achieve financial freedom. We can help you create a repayment plan that maximizes your ability to pay back your debts while allowing you to keep your assets.
Our team regularly guides clients through the process in the United States Bankruptcy Court for the Southern District of Texas, which handles most consumer bankruptcy cases filed in Houston. We take the time to explain what to expect at each step, from credit counseling to the meeting of creditors, so you feel prepared rather than overwhelmed. By meeting with a Chapter 13 bankruptcy attorney in Houston, you will understand how Chapter 13 compares to other options, including Chapter 7 and non-bankruptcy workouts, and decide which path best fits your goals.
Request Your Consultation with our Trusted Houston Chapter 13 Bankruptcy Lawyers at (346) 209-0438 or contact us online today!
The Opinions That Matter
See What Our Past Clients Have to Say
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“When I found myself having to file bankruptcy I was referred to Grand Law Firm by a friend. After I met with Mr. Robert Hoke and he took the time to explain to me what I should expect and how the process worked I was not as anxious about this whole process. Robert helped me feel at ease and realized that I could get through this. We communicated through email and phone and I always felt that I was being taken care of and he knew my case. I later communicated with Jane F. and she was very kind and never seemed to be bothered with my questions. I would definitely recommend this firm to anyone that finds themselves in a financial situation that seems impossible.”- Jodie M
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“I would recommend Grand Law firm to anyone who seeking to file bankruptcy. They staff have the best customer service ever! They are professional and very helpful and always available when needed. AAAAA++++ service the best!”- Keisha H.
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“Thank You and God Bless Your Staff !! GLF went out of the way to work with me. I appreciate all that was done through my difficult time. I wasn’t the easiest client, so Thank You for your patience.”- A. Reed
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“I was lucky enough to have found such great people to work with. Everything was explained thoroughly and done efficiently. I was never made to feel less than if I didn’t understand the law dealing with bankruptcy.”- G. Davis
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“From the moment I entered Grand Law Firm, my experience was spectacular! After my initial consult, I immediately felt the release of all of the stress that I had acquired.”- A. Smith