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In some cases, filing for Chapter 13 bankruptcy can be the option that most suits the debt situation. This form of bankruptcy filing is for those who are making a paycheck, either as an employee or as a self-employed individual. Many individuals cannot qualify for Chapter 7 bankruptcy, due to their level of income or the value of their assets. If you are facing crushing debt, it is critical that you get legal representation from an attorney who can help you understand this form of bankruptcy.
This Chapter brings huge relief to debt-related problems, as you are given the opportunity to pay off back debt over a period of years, usually within a three to five year window. Often the amount owed is reduced and the payments made are much lower. There will be an end to the constant creditor calls and letters, as the court will ensure that the creditors know that you are in Chapter 13 and it is required that they no longer contact your regarding your outstanding debt.
If you are facing a home foreclosure, this form of bankruptcy could give you the time needed to deal with a loan modification and avoid losing your home. If you have overdue mortgage payments, you are usually given the opportunity to handle the outstanding payments over time. Once the filing is in process, all creditor problems will be "on hold" due to a legal "stay" of collection actions. This can last for several months, which gives you the opportunity needed to resolve mortgage problems.
At Blevins & Hong, P.C., our Marietta bankruptcy attorneys can direct you to firms that will address the loan modification issue. If a short sale or deed in lieu is the best legal action, an attorney will direct you to capable and fast-moving organizations that will assist you in resolving these issues. Filing for Chapter 13 bankruptcy can give you and your loved ones the relief that you need when facing dire financial situations.
You must have a steady income to qualify for Chapter 13 bankruptcy, and for this reason it is sometimes known as the wage earner's bankruptcy option. You are required to repay a percentage of your debts by making payments over a specific period, to qualify for this type of bankruptcy. Our charge for processing and foiling your application is $381, including the filing fee of $281 and an administrative fee of $100 and the attorney's fees are paid in the plan.
There are many factors determining your payment plan, both the length of it and the amount of your payments, and you will not be able to devise a plan yourself because it is so complicated. In addition to your expenses and income, your debts and assets are taken into consideration, and the plan typically lasts between three and five years. You may be responsible for additional filing fees or may have your case dismissed completely if you miss a payment deadline or make a mistake. Because of this, it is highly recommended to use the services of an experienced Marietta GA bankruptcy attorney who can help you to avoid any extra costs or delays by making sure everything is correct and accurate.
One advantage of the payment plan is the automatic stay, meaning that all those annoying calls and letters from your creditors are required by law to stop. Any balance left on your unsecured debts will be discharged once you have finished your payment plan, and your creditors won't be able to ask you for money as you no longer have to pay those debts.
If you are a Cobb County homeowner behind on your mortgage payments, you have the means to prevent foreclosure and perhaps keep your home. You can potentially keep your home and catch up on the missing mortgage payments by having the amount you are behind included in your payment plan.
You may be able to strip away the second mortgage if you are a Cobb County resident with a home equity line or second mortgage, and that is another advantage of the bankruptcy payment plan. The second mortgage holder is legally not allowed to ask you for the missing balance on the payments and you will never have to pay the second mortgage. The above can also apply to anyone who owes more on their home than it is worth.
You will be 100 percent clear and free of all your unsecured debts once the payment plan has been paid in full. However, keep in mind that during the payment period, you will not be able to incur any new debts, and you will most likely have to put any tax return towards the payment amount.
If you are a Cobb County or Marietta GA resident and are thinking of filing for Chapter 13, we can help you. Email us or call us on 678-354-2290 to see if Chapter 13 is right for you and to take advantage of our weekend and evening appointments. If you can't come to the office, we offer on-line or phone consultations.
With the assistance and legal advice from the attorney at their office, you can address the problems legally and move on to a fresh start without the ongoing stress of being hounded by creditors and worrying about your life after bankruptcy. The firm offers a free initial consultation is offered to discuss your case so contact Blevins & Hong, P.C. today.