Chapter 13 Bankruptcy is designed for individuals who want to keep their homes or cars but have fallen behind on payments. It is also designed for individuals who cannot discharge their debts in a Chapter 7 Bankruptcy. Chapter 13 can consolidate overdue payments and repay pre-filing arrears in monthly payments for a period of up to 5 years.
In our initial meeting with you we review your financial situation. If we mutually agree that Chapter 13 is your best alternative, then we will prepare a Chapter 13 Plan. This plan will provide for monthly payments for three to five years. This one monthly payment will be paid to the Bankruptcy Trustee who distributes the plan payments to the creditors. When all of the plan payments have been made, you will receive a discharge.
The amount of your monthly payment depends on your monthly income and expenses. It also depends on the amount of debt and whether the debt is secured like a (home mortgage or an auto loan) or unsecured debt such as (credit cards, personal loans or bank loans which are not guaranteed by a government agency).
Jordan Legal Group will also help you by reducing some unsecured debts — allowing you to pay back just a fraction based on your available monthly income, in some cases as little as 10% of the total! Other debts must be paid in full, such as non-dischargeable priority debts. These include child support arrears, alimony or maintenance arrears, taxes owed government authorities, criminal fines, restitution, and all debts reduced to a judgment prior to the bankruptcy filing. Secured and priority debts, such as your home mortgage, must also be paid in full.
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