do you always meet with an attorney when you file chapter 13

As Mr. Waddell stated, since most bankruptcy attorneys offer free consultations, you absolutely should meet with one. The attorney should be able to analyze your current financial situation in 30-40 minutes and let you know whether chapter 13 will benefit you.

Full Answer

Should I file Chapter 7 or Chapter 13 bankruptcy?

A Chapter 13, for example, will be the better option if you have non-exempt (unprotected) property that you want to spare from the potential fate of being sold to pay your unsecured debts in a Chapter 7 bankruptcy. What Is Chapter 13 Bankruptcy?

How can DoNotPay help with Chapter 13 bankruptcy?

File chapter 13 bankruptcy online to get the process started more easily. DoNotPay can help. We'll start the filing process for you so debt collectors are no longer able to come after you for the money that's owed. We want to help you improve your financial situation as soon as possible so you can get back on your feet.

Will my income affect my Chapter 13 bankruptcy case?

Nonetheless, your income will play a factor in determining whether filing a Chapter 13 case is a feasible option for you. Chapter 13 bankruptcy is often referred to as a “wage earner’s bankruptcy” or a “reorganization”.

How much does it cost to file a chapter 13 bankruptcy case?

The filing fee for a Chapter 13 case is $313. You’ll need to pay the full amount directly to the court when you go to file your forms. There is no fee waiver option when filing a Chapter 13 case like there is with a Chapter 7. Make sure to also print out the exact number of copies your local bankruptcy court requires.

What will I lose in Chapter 13?

A Chapter 13 bankruptcy can remain on your credit report for up to 10 years, and you will lose all your credit cards. Bankruptcy also makes it nearly impossible to get a mortgage if you don't already have one.

What happens after meeting of creditors Chapter 13?

If the trustee concludes your Chapter 13 meeting of creditors, it means there are no problems with your bankruptcy and your repayment plan. However, depending on where you live, you may still have to appear at a confirmation hearing in front of the judge before your case is finalized.

How does Chapter 13 work in GA?

Filing for Chapter 13 Bankruptcy in Georgia Under this type of bankruptcy, your debts aren't discharged immediately; instead, you develop a three-to-five-year payment plan approved by a judge to pay some percentage of your debts. At the end of the plan, the rest of your debts are discharged.

What happens to your debt when you file Chapter 13?

In a Chapter 13 bankruptcy, you must repay some debts in full through your Chapter 13 plan. Most debtors pay unsecured, nonpriority creditors in part through the plan, and then the remainder of the debt is discharged at the end of the bankruptcy.

Will I have any money after Chapter 13?

In Chapter 13 bankruptcy, you get to keep all your property. In return, you pay a portion of your debts back through a three- to five-year repayment plan. However, if you receive a significant inheritance or cash gift, the trustee will want you to pay more to your unsecured creditors.

Can the IRS take my tax refund if I filed Chapter 13?

Can a Bankruptcy Trustee Take Your Tax Refund After a Discharge? There are two types of bankruptcy for individuals, Chapter 7 and Chapter 13. The bankruptcy trustee can keep your tax refund in both, though with Chapter 7 it will happen only once. With Chapter 13, it can happen every year of your repayment plan.

How much does it cost to file Chapter 13 in Georgia?

FEE TABLE (Effective December 1, 2020)Filing FeesChapter 13$ 235.00Chapter 15$ 1,167.00Filing Fees to Split a CaseChapter 7$ 338.0061 more rows

What can they take during bankruptcies?

Generally, the types of assets that you can keep in a bankruptcy include:personal items and clothing.household furniture, food and equipment in your permanent home.tools necessary to your work.a motor vehicle with a value up to a certain limit, usually an older vehicle qualifies.certain farm property.

Can trustee take tax refund after discharge?

No, the trustee can only take the portion of your refund that can be traced back to before your case was filed. So, if someone files on March 30, the trustee can only take 1/4 of the refund. That's because as of March 30, there are three quarters left in the year, so the pre-filing portion of the refund is only 1/4.

How much of your debt do you pay back in Chapter 13?

The Minimum Percentage of Debt Repayments In A Chapter 13 Bankruptcy Is 8 To 10 Percent.

What debts Cannot be discharged in Chapter 13?

Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated ...

Can creditors come after you after Chapter 13?

After you complete all plan payments, any remaining qualifying balances get wiped out. Creditors can no longer come after you to collect those debts.

How long does it take to get discharge after meeting of creditors?

60 daysThe Court enters an order discharging individual Debtors after all requirements are met, but no sooner than the last day to object to the Debtor's Discharge. This is usually 60 days after the 1st setting of the 341 Meeting of Creditors unless a motion is filed with the court to extend that time.

What happens after the 341 meeting of creditors?

Creditors can appear at the 341 meeting and ask questions about your financial affairs, too, but creditors rarely attend. The bankruptcy trustee will conclude the hearing after resolving all outstanding issues. Otherwise, the trustee will continue the meeting to another date.

How long is the meeting with the creditors in Chapter 13?

The meeting usually lasts only about ten to fifteen minutes and may be continued if the trustee or United States Trustee representative is not satisfied with the information presented.

Can you spend money after 341 meeting?

Can You Spend Money After the 341 Meeting? Absolutely! Any money earned after filing for Chapter 7 bankruptcy is yours to do with as you like because post-filing earnings aren't part of the "bankruptcy estate" or bankruptcy case. You can keep it, spend it, or give it away.

When will creditors show up for Chapter 13?

Approximately a month after you file your bankruptcy petition , you’ll meet with your Chapter 13 trustee. Don’t worry, you won’t be meeting the judge assigned to your case on this day! Your creditors, however, do have a right to be at your 341 meeting, but they very rarely show up.

What Are The Steps to Filing A Chapter 13 Bankruptcy?

Generally speaking, the initial process of filing a Chapter 13 bankruptcy is, more or less, similar to filing a Chapter 7 bankruptcy. It doesn’t get much more complicated until you reach the point at which you have to properly calculate what your monthly Chapter 13 payments will be based on a number of different factors.

Why is Chapter 7 bankruptcy important?

Arguably, Chapter 7 bankruptcy gives you the biggest benefit because it allows you to wipe away your debts completely without having to repay any amount to your creditors. Even still, your goals and personal circumstances may not warrant filing a Chapter 7 bankruptcy.

How to protect your property from creditors?

Although filing a Chapter 13 bankruptcy allows you to protect and keep all your property, your Chapter 13 plan will require you to pay certain creditors an amount that is equal to the value of your unprotected property. In other words, you can expect to pay an amount equal to the amount certain creditors would be getting if you had filed a Chapter 7 case.

How long does a Chapter 7 bankruptcy last?

Another major difference between a Chapter 7 bankruptcy and a Chapter 13 is the duration of the case. A Chapter 7 case generally lasts for about 4 to 6 months, whereas a Chapter 13 case lasts for 3 to 5 years. During the 3 to 5 years you are in a pending Chapter 13 case, you will be making monthly payments to your assigned trustee.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy is often referred to as a “wage earner’s bankruptcy” or a “reorganization”. In contrast to a Chapter 7 bankruptcy, a Chapter 13 requires you to repay a portion, or all of your debts back in order to successfully complete your case and receive a full discharge.

How long does it take to get a credit counseling certificate for Chapter 13?

The course takes approximately one hour and can be completed online or by telephone.

What happens if you file Chapter 13?

A Chapter 13 bankruptcy is one where you can catch up on missed mortgage or loan payments, reduce the principal balance or interest rate of a car loan, or get rid of unsecured junior liens, such as second mortgages.

How hard is it to file bankruptcy without a lawyer?

How hard you’ll find it to file a bankruptcy without a lawyer depends of course on the level of complexity in your case. Much of it is straightforward form filling, but you will also have to do a lot of your own research.

What if I have no money for an attorney?

We certainly get why you would feel like you couldn’t go ahead and hire an attorney. By the time most people are ready to file for bankruptcy they feel like they have no money to pay for a lawyer…

What is the easiest bankruptcy case?

The easiest case to file a bankruptcy for would be a straightforward Chapter 7.

Is Chapter 7 bankruptcy time consuming?

To be perfectly honest with you, even filing a straightforward Chapter 7 bankruptcy can be both very daunting and considerably time consuming.

Where do you file for bankruptcy?

Bankruptcy cases must then be filed in a federal court, and usually this is the U.S. Bankruptcy Court.

Should you file your bankruptcy yourself without an attorney?

So, as we have covered, it certainly is possible to file for bankruptcy yourself without an attorney if you so wish. But it’s far from ideal.

How Chapter 13 Works

There are five types of bankruptcy filings. Chapter 13 is the second most common, right next to Chapter 7.

Do You Qualify?

Before you file or seek out a local bankruptcy attorney, you should know if you qualify to file for Chapter 13 bankruptcy.

How to File a Chapter 13 Bankruptcy

For starters, you must file with your local bankruptcy attorney. You must file within the area you currently reside. Some attorneys offer benefits such as a free consultation.

How to Find a Local Bankruptcy Attorney

To reduce the risk of your bankruptcy being rejected, work with a great attorney. Filing for bankruptcy is stressful and difficult. Your attorney can help you understand the process.

Are you sure that bankruptcy is the best solution for you?

Filing bankruptcy should be your last option. Both chapter 7 and chapter 13 are available to get rid of the financial trouble. So, make sure you’re choosing the best remedy for your problem.

Some must do steps for a debtor while filing for chapter 13 bankruptcy

Below are some basic things which a debtor must perform with his/her own. The things are as follows:

Ways to file chapter 13 bankruptcy without an attorney

Below are the ways a debtor can file chapter 13 bankruptcy without a lawyer.

Things to do after filing for chapter 13 bankruptcy on your own

After filing, you can no longer change your mind to withdraw. Because, the “automatic stay” begins. There are some other things you should do after filing DIY chapter 13 bankruptcy. Such as:

Final words

Filing chapter 13 bankruptcy of your own is always tough as the particular chapter is not easy to learn than other chapters. But, if you do research thoroughly to get knowledge, then you’ll be able to file chapter 13 bankruptcy successfully. You may get the court approved repayment plan that is suitable with your income status as well.

Bankruptcy Consultation Documents: What to Bring to Your First Meeting with Your Lawyer

The most important, mandatory documents to bring to your initial bankruptcy consultation are a list of your outstanding debts and a list of your assets, focusing on major assets, such as houses, cars, boats, trailers, timeshares and the like.

Contact a Bankruptcy Attorney Today for a Free Consultation

If you are thinking of filing for bankruptcy, you are not alone. Lawyers can help you decided whether or not you even need to file a bankruptcy, but if you do, they’ll let you know which chapter would be most appropriate.

Thomas G. Egner

So if unemployed, how do you expect to fund the very expensive Chapter 13 process? Most of the success of any Chapter 13 is the PLANNING that goes into implementing it. Do you understand that a Chapter 13 will require you to resume paying your mortgage and will require you to make a payment IN ADDITION to making the mortgage payment.

Dorothy G Bunce

What is your source of income? Being able to afford an attorney is actually a litmus test for whether chapter 13 will be feasible and accomplish what you need to accomplish. If you cannot afford an attorney for chapter 13 bankruptcy, then you have practically zero chance of being able to successful do a chapter 13...

Matthew Scott Berkus

It is possible to file your own case, but you are unlikely to succeed. Chapter 13 has lots of pitfalls for the unwary that can cause your case to be dismissed. Once you are dismissed it will be much harder to file again and protect your house.

Allen Preston Turnage

As Mr. Waddell stated, since most bankruptcy attorneys offer free consultations, you absolutely should meet with one. The attorney should be able to analyze your current financial situation in 30-40 minutes and let you know whether chapter 13 will benefit you.

Brian Campbell Fenn

To further the good answers you've already received, I'll add that a Chapter 13 bankruptcy allows you to pay off the mortgage arrears, the payments you are behind, monthly over up to five years, but you also have to pay the current ongoing mortgage payments.

Malcolm Ruthven

I agree with Attorney Rode, and would just mention that many bankruptcy attorneys will do free initial consultations, so you have nothing to lose in talking to a few attorneys to discuss your options.

Gabriel John Waddell

I would highly recommend it. In order to file a Chapter 13 you need to be able to afford the mortgage payment after filing Chapter 13 plus a small "plan payment" which will pay the 2 months you are behind on the mortgage.