Filing for bankruptcy is a significant decision in someone’s life, whether for personal debt relief and financial restructuring or when this legal action is taken in order to settle the financial issues of a company. As a company, Chapter 13 is typically not an option, although there are a variety of other bankruptcy filings that provide similar relief for a company. There are many different types of bankruptcies that provide the filer (and the creditors) with many different options about how to move forward with their bankruptcy and to work towards the type of financial relief that they need.
One of the most important first steps when considering bankruptcy is to partner with an attorney who is experienced with these types of cases and can advise you on the most appropriate path forward given your unique situation. Depending on the structure of your debt, the income that you make, and much more, you will need to identify the correct type of bankruptcy to file, and will then need to adhere to strict standards and guidelines as you complete all of this paperwork and work directly with all those who are impacted.
Contact the team at Gahanian Law as soon as possible to begin working with an experienced Chapter 13 bankruptcy lawyer today. We will be happy to go through all of the details that make your situation unique, and devise a plan forward that gives you the best opportunity for financial recovery and a fresh start. Read more below to learn about Chapter 13 bankruptcy and how working with a lawyer can give you such a significant advantage through this process.
What Is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy does not take the form that many may think of when they first think of bankruptcy. Chapter 13 is known as a “debt consolidation” bankruptcy and gives the filer an opportunity to restructure their debts, payments, and obligations with their creditors in order to continue making payments and retain possession of their assets. Other types of bankruptcy are designed to absolve a filer of most types of debts but also moves to liquidate a variety of their assets in order to provide some sort of payment to the creditors.
How Chapter 13 Affects You
If you want to retain your assets, such as your vehicles, etc., then the most effective way to do this while also seeking debt relief is to consider a Chapter 13 filing. In addition to retaining your assets, this also means that you will not be leaving any cosigners for debts solely responsible, which is what happens when you are relieved of your debts in a Chapter 7 bankruptcy filing.
Why You Need a Lawyer For Chapter 13 Bankruptcy
When you are working with Gahanian Law to file your Chapter 13 bankruptcy, we will help you go through all of your financial information in order to determine the best way to reach an agreement with your creditors while being able to secure your financial wellbeing in a sustainable way. Since this decision has such a wide-ranging impact on your financial stability, hiring an experienced attorney is the best way to be successful in your Chapter 13.
This process can be extremely complicated, and you will need to propose debt restructuring plans to each of your creditors in order to finalize the filing. As you are working through the courts, there are a number of requirements, agreements, and benchmarks that you will need to meet in order to complete this process successfully, and they can become overwhelming very quickly. With the guidance of an experienced attorney, you will be able to focus on your goals and work towards a positive resolution quickly and without additional and unnecessary stress.
When you are working with a Florida bankruptcy lawyer, you can be confident that you are taking all of the necessary measures to have a successful closure to this process.
Frequently Asked Questions About Chapter 13 Bankruptcy
Should I file for Chapter 13 bankruptcy or a different type?
Determining the kind of bankruptcy that you should file for is the first step in this process and one that we will be happy to guide you through. Depending on your income, assets, debts, and much more, we will be able to determine what outcome you are hoping for, and the best way to get it.
Does Chapter 13 bankruptcy erase my debts?
Unlike Chapter 7, which liquidates nearly all of a filer’s assets in order to clear (most of) their debts, Chapter 13 bankruptcy retains the debts and provides a framework for restructuring the debt payments instead of completely wiping them out. Often, the unsecured debts are repaid for pennies on the dollar.
Can I file Chapter 13 bankruptcy without a lawyer?
You can legally file for Chapter 13 in Florida without an attorney, but it is not recommended. This process is complicated, and you may find that you missed some important details or major issues once you have filed your bankruptcy and are moving forward with your life. Understanding each step is essential to getting the outcome you deserve, and a lawyer is the best way to do this.