Chapter 13 Bankruptcy Lawyers in Wheeling, WV
Every debtor’s situation is different from the next. Families and individuals can benefit from Chapter 13 bankruptcy to receive relief from their creditors. If you are facing any creditor action, such as the foreclosure of your home, garnishment of your wages, or the seizure of your bank account, you may be an excellent candidate for this process.
If you have a regular income and can pay back most or all of your debts with reasonable payments, we encourage you to learn more about Chapter 13 bankruptcy. Schedule a free case evaluation with our Chapter 13 bankruptcy lawyers in Wheeling for help at once.
In this article, we’re going to help you through the basic and necessary information to know if this type of bankruptcy is the right one for you:
- Chapter 13 Bankruptcy
- Advantages of Chapter 13 Bankruptcy
- Chapter 13 vs Chapter 7 Bankruptcy
- Example of Chapter 13 Bankruptcy
- Assistance from our Experienced Wheeling Bankruptcy Attorney Every Step of the Way
Chapter 13 Bankruptcy
No bankruptcy can eliminate all or 100% of your debts. Chapter 13 Bankruptcy aims to provide help for individuals, married couples, and/or unincorporated businesses to pay off their remaining balance over an extended amount of time. In this type of bankruptcy, you can save or keep most of your valuable assets like your house if you can keep up with the repayment plans.
Much like Chapter 11, the petitioner submits a reorganization or repayment plan to the creditor to stop foreclosure or repossession. On the repayment plan, the amount of money or debt to be paid will mostly be determined by the West Virginia Means Test. For creditors, the amount of money or repayment they will receive should also be at least as much as the amount they would have received if you or the debtor applied for Chapter 7 Bankruptcy.
There are also a few exemptions from bankruptcy. Not all debts can be wiped out completely. Responsibilities such as child support, spousal support or alimony, and even student loans can be difficult cases.
Make sure to work with your trusted Wheeling Chapter 13 bankruptcy lawyers to know your possible options. Not all financial crises can be solved by Chapter 13 bankruptcy. Your lawyer will help you lay out all of your possible options and bankruptcy alternatives that best suit your situation.
Chapter 13 Bankruptcy and CARES Act
Because of the global pandemic, Covid-19 resulted in bankruptcy to many businesses and caused unemployment to many people. In March 2020, former President Donald Trump signed into law the Coronavirus Aid, Relief and Economic Security or CARES Act that has a $2.2 trillion stimulus package to mitigate the widespread economic effect of the virus.
The newly signed law also made some significant changes in the provision of bankruptcy law. Under Chapter 13 and CARES Act, if you are suffering hardships on your repayment plan, you are subject to modification or extension of your current plan. The extension can last up to seven years after the first payment under the original confirmed repayment plan.
Alongside those, there are also a few changes in the provisions and bankruptcy law that your local Wheeling Chapter 13 bankruptcy lawyers can help you with. If you are suffering from repayment problems brought by the pandemic, your trusted bankruptcy attorney can help you lay out all the changes and modifications you can apply for your repayment plan.
ADVANTAGES OF CHAPTER 13 BANKRUPTCY
Chapter 13 bankruptcy has many advantages. Creditors and debt collectors are required to immediately end all debt collection attempts against you once you file bankruptcy. Chapter 13 can also stop a foreclosure from occurring. This type of bankruptcy allows a debtor to have debts restructured and to pay off all debts over a period of three to five years according to a court-approved plan.
You also benefit in the following ways when you file for Chapter 13:
- You get additional time to make your mortgage payments
- You may have junior mortgages turned into unsecured debt
- Arrearages on a car loan can be spread throughout the plan
- Interest on unsecured loans is canceled
Chapter 13 Bankruptcy Eligibility
To file for Chapter 13 bankruptcy, you or the debtor must have a regular source of income. Mostly, in this type of bankruptcy, the bankruptcy court will order the use of your disposable income for the repayment plan.
Other businesses such as big corporations and LLCs are not eligible for Chapter 13. Stockbrokers and other commodity brokers are also prohibited to file under Chapter 13, even if the debts are for personal use.
Most private individuals and/or other businesses can file under Chapter 13 if they have a regular monthly source of income, which can sustain the repayment plan. In the process of filing, they must disclose all of their sources of income and submit it to the bankruptcy court within fourteen days after filing a petition. A regular source of income can also come from different sources such as a social pension, social security payments, unemployment compensation, or income from your business or properties you’ve sold.
Apart from this, you also need to be current or up-to-date on your tax filings. Part of the requirements for filing under Chapter 13 is to submit proof of filed state and federal tax returns for at least the past four years. The bankruptcy court may delay or even dismiss your petition if you fail to submit proof or evidence of tax returns.
Since the petition under Chapter 13 can be tedious, make sure to call or ask for the help of your trusted Wheeling Chapter 13 Bankruptcy lawyers. They can help determine if you are qualified for filing under Chapter 13. They can also help you assess the repayment plan if it is suitable for your current financial situation.
CHAPTER 7 VS CHAPTER 13 BANKRUPTCY
Unlike Chapter 7 that can wipe most of your debt but would entail letting go of your most valuable assets, under Chapter 13 you can mostly save your home and other priceless possessions.
Under Chapter 7, you are forced to liquidate most of your assets to repay all of your creditors. Under this chapter, the process can be quite fast – some can be completed within six months. You also need to be eligible for Chapter 7 bankruptcy to apply for this.
For Chapter 13 Bankruptcy, you can save your home and car from foreclosure if you have a good repayment plan for the next three to five years. If you manage to keep up and maintain the payment, you can clear all your debts. Conversely, if you are in the middle of your repayment plan and problems arise – causing you to miss your monthly payments, you have to contact your bankruptcy or court trustees to inform them about your situation. Repayment plan adjustments can be done if the court of trustees deemed them necessary.
Because Chapter 7 mostly involves the liquidation of assets while Chapter 13 involves reorganization – you have to know all the pros and cons of these bankruptcy alternatives. Call your local Wheeling Chapter 13 bankruptcy lawyers so they can assist you through the process.
EXAMPLE OF CHAPTER 13 BANKRUPTCY CASE
John and Jane are a married couple who runs a local pastry shop. Because of the pandemic and lockdowns, their business losses money, and closure is imminent. With the dire financial situation, their debts start to pile up.
Their current debts are almost $100,000. Luckily, their business starts to gain popularity on social media, and sales started to slowly pick up. John also manages to find a new job so they apply for Chapter 13 bankruptcy where they can set up a repayment plan to pay back their creditors.
Because they now have a sustainable and regular source of income, the bankruptcy court approves their Chapter 13 bankruptcy petition and just has to make sure they pay their monthly payments to the court appointed-trustees.
ASSISTANCE FROM OUR EXPERIENCED WHEELING BANKRUPTCY ATTORNEY EVERY STEP OF THE WAY
Chapter 13 bankruptcy begins when the debtor files a petition with the bankruptcy court. Such action will place an automatic stay on all collection activities that are used against the debtor. During the filing of the Chapter 13 petition, the debtor can present a detailed report of all assets, income, and expenses. The debtor will need to file a proposed repayment plan with the bankruptcy court within a period of 15 days after filing. Next, a meeting of the creditors will take place within 50 days after filing the petition. A second hearing will then be held about 45 days after the meeting of the creditors. The debtor will need to start making payments to the trustee within 30 days after filing.
Call us Now to Start With Your Chapter 13 Bankruptcy!
We understand how stressful and overwhelming the process of filing bankruptcy is. We at Thomas E. McIntire and Associates L.C are here to provide you with the best legal service. Our team of bankruptcy lawyers is always ready to help you with the process, answer your questions, and even walk you through all the legal paperwork. The bankruptcy process is hard enough for you and we are here to make your journey less stressful.
You can schedule an appointment with any of our experienced Chapter 13 bankruptcy lawyers in Wheeling, West Virginia who offer consultation services. You can also call us at 304-313-4093 to answer urgent questions.
Together, let’s make a step forward towards the new chapter to your financial freedom.