Centennial Chapter 13 Bankruptcy Attorney
Capable and Experienced Legal Guidance in Aurora
Many fall behind on their bills due to factors beyond their control. Whether a divorce, injury, illness, or a sudden reduction of income is responsible for financial difficulties, an inability to keep debts current can make someone vulnerable to damaging collection actions, including foreclosure, repossession, and wage garnishment.
If you have considerable income but are still struggling to manage growing debt, Chapter 13 bankruptcy may be able to provide the relief you need. A successful filing can help you protect your assets, discharge qualifying debts, and access restructuring opportunities for mortgage arrears, car loans, and tax liability. Our Centennial Chapter 13 bankruptcy lawyer at Norton Law, P.C. has worked on both sides of these types of filings and can serve as your legal partner and advocate throughout what can be a complex process.
“Norton Law will treat you with respect and advise on the best course of action.” - Larry L.
“I really appreciate the knowledge, professionalism, and sincerity of Norton Law. April and Dori have really helped make this experience of going through bankruptcy a lot more bearable.” - Shelly C.
“The entire process went smoothly thanks to April’s knowledge and professionalism.” - Jeni W.
Understanding the Chapter 13 Bankruptcy Process
Completing a Chapter 13 bankruptcy involves submitting and committing to a repayment plan that partially pays back creditors. This plan involves paying a lump sum amount each month for a period of 3 to 5 years. The monthly payment amount will address all of your obligations and is rooted in your current disposable income, not the total size of your debt.
The repayment plan should be tailored to your unique circumstances and maximize relief benefits. If you are in danger of losing your home to foreclosure prior to filing for bankruptcy, for example, a repayment plan can be designed to cure as much of your mortgage default as possible while still sufficiently addressing all other obligations.
In Chapter 13 bankruptcy, a proposed repayment plan must be approved by the Court in a process called confirmation. Part of this process involves negotiating with the Trustee assigned to the case as well as fielding objections from creditors. If resolutions cannot be found, a bankruptcy judge will conduct a hearing and adjudicate the conflicts. We have experience efficiently managing these types of disputes and will tirelessly work to champion your interests.
Should I File for Chapter 13 Bankruptcy in Colorado?
Chapter 13 bankruptcy is designed to support parties that are struggling with debt but still have considerable levels of income. If you have little to no means of repaying your creditors, you may instead qualify for Chapter 7 bankruptcy, which requires no direct payment.
Filing for Chapter 13 bankruptcy is not necessarily right for every person’s situation. When you meet with our firm, we will carefully review your present circumstances and advise what you should expect from the process.
We can help you assess the following factors when determining whether to file for Chapter 13 bankruptcy:
- Your current income and disposable income. If your current income level is lower than the average median income for your household size in the state of Colorado, you qualify for and may need to consider Chapter 7 bankruptcy. If your gross income is higher but you still lack sufficient disposable income to partially repay creditors, Chapter 13 may not be a viable option.
- Any previous bankruptcy history. Previous bankruptcy filings will limit your ability to file again in the future.
- Your specific types of debt. Completing a Chapter 13 bankruptcy allows you to discharge certain types of debt. It can also help you access restructuring opportunities for debts you cannot directly discharge. It is important to understand how each type of debt will be impacted by the filing process.
- The endangered property you wish to save through bankruptcy. Chapter 13 bankruptcy can often help you retain assets jeopardized by collection efforts.
- Other mitigating factors. Chapter 13 bankruptcy can help you address mortgage arrears, tax liability, and car loans, among other financial arrangements. A repayment plan must take into account all debts and liabilities.
You should also avoid filing for Chapter 13 bankruptcy without qualified legal assistance. Our Centennial Chapter 13 bankruptcy attorney has a deep understanding of how to develop and propose a repayment plan that will effectively manage your obligations while meeting all regulatory requirements. Attempting to navigate the process on your own can result in mistakes with severe, long-lasting consequences.
Benefits of Chapter 13 Bankruptcy
One of the most powerful elements of Chapter 13 bankruptcy is the protection conferred by the automatic stay. This court order takes effect promptly after you file and prevents creditors from initiating or continuing any type of collection action. In other words, filing for Chapter 13 bankruptcy can prevent and stop foreclosure, repossession, wage garnishment, and collection lawsuits.
Upon completing your repayment plan, you will generally be permitted to discharge any remaining unsecured debts. This means any outstanding medical debt, credit card debt, unpaid utility bills, and personal loans will be forgiven. You may also be able to second (junior) mortgage on real estate.
Though Chapter 13 bankruptcy does not allow you to discharge secured debts, including missed mortgage payments, the process can still provide you with substantial relief. Because a typical Chapter 13 bankruptcy case will last between 3 and 5 years, you may receive up to 5 years of protection from damaging collection actions. This can give you substantial time to raise funds, reorganize finances, and catch up on missed payments for debts you cannot discharge. In many cases, Chapter 13 can help filers retain their homes, vehicles, and other possessions endangered by collection efforts.
Our Centennial Chapter 13 bankruptcy lawyer at Norton Law, P.C. can provide you with the skilled representation and personalized guidance you need to move through the process as efficiently and smoothly as possible. We have over 15 years of legal experience and are familiar with how to develop strategically effective repayment plans tailored to each client’s unique needs. Our firm is committed to fighting for your fresh start and is prepared to leverage our knowledge and resources to make the most of your filing.
A Supportive & Compassionate Approach to Bankruptcy
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