It’s often impossible to face debts all at once. If you’re behind on your mortgage or car loan, but still earning a steady income, Chapter 13 bankruptcy may let you spread it out through a court-supervised repayment plan, giving you structure and time. A Fort Lauderdale Chapter 13 bankruptcy lawyer can help guide you in the right direction.
How Can a Chapter 13 Bankruptcy Lawyer Help?
The right Chapter 13 bankruptcy attorney helps you decide whether to file, not just how. At Loan Lawyers, that means we:
- Review your income, debts, assets, lawsuits, and any foreclosure concerns
- Evaluate whether Chapter 13 is the right fit for you and your situation
- Prepare and file your repayment plan and required documents
- Represent you through the bankruptcy process
- Explore alternatives if Chapter 13 isn’t the right strategy
An attorney walks you through what it takes to file Chapter 13 bankruptcy and weighs it against other options, so you can make the decision best suited to put you on the path to financial stability.
How Does Chapter 13 Bankruptcy Work?
Chapter 13 reorganizes your debts into a repayment plan that generally lasts three to five years. You make fixed payments to a court-appointed trustee on a regular basis, who distributes those funds to creditors according to the terms of the plan. The court must approve the plan, and how each debt is treated depends on whether it is priority, secured, or unsecured debt.
If you successfully complete the repayment plan, qualifying remaining debts may be discharged. For many people, that’s the difference between constant worry and a plan with an end date.
Learn more by exploring our guide to bankruptcy law.
Who May Qualify for Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is generally for individuals with regular income. You must be able to fund a feasible repayment plan, and you’ll need to complete credit counseling before you file. Chapter 13 eligibility also depends on the amount and type of your debts, and those legal limits change over time. A bankruptcy consultation is the first step toward determining your eligibility and whether Chapter 13 is a fit for your situation.
What Does It Cost to File Chapter 13?
Chapter 13 bankruptcy costs come down to what it takes to actually file and what you commit to over the life of the plan.
Costs to File: The court charges a filing fee of $313 in Florida, and some filers qualify to pay in installments. You’ll also incur Chapter 13 attorney fees, along with the cost of mandatory credit counseling and a debtor education course.
Repayment Costs: Chapter 13 means making plan payments for several years, and that commitment should factor into your decision.
Other options have their own costs and risks:
- Debt defense, settlement, or negotiation may involve legal fees and aren’t guaranteed to resolve the debt.
- Foreclosure defense has its own costs and uncertainty.
- Waiting can allow debts to grow and may lead to judgments, garnishment, or a foreclosure case moving forward.
Your consultation is where we compare all available options using your actual circumstances.
What Happens During a Chapter 13 Bankruptcy Consultation?
Your confidential consultation with our Fort Lauderdale Chapter 13 bankruptcy attorneys comes with no cost and no obligation.
- Review your financial situation. We discuss your income, debts, assets, any missed payments, lawsuits, foreclosure concerns, and your overall goals.
- Compare Chapter 13 with other options. We tell you whether Chapter 13 may be appropriate and whether other strategies deserve consideration.
- Understand costs and next steps. We explain the process, financial commitment, attorney costs, and what likely comes next.
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Why Work with Loan Lawyers?
Our Chapter 13 bankruptcy lawyers bring decades of experience to you and your unique situation.
- Bankruptcy and consumer-debt experience
- A measured comparison of multiple debt-relief strategies, side by side
- Litigation capabilities when your case calls for them
- Clear guidance about costs and tradeoffs
- Proven client results and documented outcomes
Get to know us better: Meet our attorneys, read client testimonials, or review our case results.
Frequently Asked Questions About Chapter 13
What debts do I have to repay in Chapter 13?
Different types of debts are treated differently in Chapter 13 bankruptcy. Priority debts, such as certain taxes and support obligations, are generally paid in full. Secured debts like mortgages and car loans are handled according to their collateral. Unsecured debts, such as credit card debt and personal loans, may be paid only in part, depending on your income and the law.
Can I keep my property in Chapter 13?
Chapter 13 generally allows you to keep much of your property and other assets while you follow your repayment plan, including your home and car. You must stay current on plan payments and meet other case requirements. Your attorney can explain how this applies to your specific assets.
Can Chapter 13 help if I’m behind on my mortgage?
For some homeowners, Chapter 13 allows missed mortgage payments to be repaid over time through the plan, while current payments continue. Results depend on your income, the amount owed, and your case’s specific facts. If foreclosure is a concern, talk to an attorney right away.
How long does Chapter 13 bankruptcy take?
The court proceedings of a Chapter 13 bankruptcy can take a few months, depending largely on the scheduling of the trustee and the bankruptcy court. A repayment plan will last between three and five years, after which the debtor can seek discharge of his or her unsecured debts. Your attorney can estimate a realistic timeline once they review your finances.
What’s the difference between Chapter 7 and Chapter 13?
Chapter 7 is a liquidation process that is typically completed in a few months and has income-based eligibility rules. Chapter 13 reorganizes debt through a multi-year repayment plan. Neither is automatically the better choice, as it depends on your specific situation.
What is Chapter 11 bankruptcy?
Businesses typically file for Chapter 11 bankruptcy when they are no longer able to service debts or pay creditors, but when the business can still be reorganized and made profitable again. The debtor is required to file a plan of reorganization with the court, and the debtor remains in control of the business and its operations as a debtor-in-possession while they follow the approved plan, unless the court appoints a trustee.
Have more questions? Visit our FAQ hub.
Get Help From a Fort Lauderdale Chapter 13 Bankruptcy Attorney
Don’t tackle unmanageable debt alone. If you’re weighing whether to file Chapter 13 bankruptcy in Florida, contact the attorneys at Loan Lawyers today. Your free consultation is the best way to learn more about your rights and options as you navigate the path ahead.
Schedule a Free Consultation or call 954-523-4357.
