If you have an active Chapter 13 bankruptcy case, and you are not represented by an attorney, use this form to submit a request for a free docket review in your Chapter 13 bankruptcy case.
CHAPTER 13
Overview
Another common type of bankruptcy relief for consumer debtors is provided under Chapter 13 of the Code and provides the debtor with a reorganization of their financial affairs. An individual may file a Chapter 13 case due to ineligibility for a Chapter 7 discharge. Other reasons for Chapter 13 may include protection of non-exempt assets or to stop a foreclosure or a repossession. In Chapter 13, the debtor files a plan in which he or she proposes to pay back some or all of his or her debt over a 3 to 5 year period pursuant to a payment plan. The plan is implemented by the debtor under court supervision and protection. A copy of the plan for the United Bankruptcy Court for the District of Maryland can be found on the Court’s website. The Official Forms required for filing a Chapter 13 case can also be found on the Court’s website. While creditors maintain their lien rights in certain property, the Code, particularly under Chapter 13, offers debtors several options to reduce or modify secured claims.
Chapter 13 provides debtors with protection from their creditors. We will help you determine which option is right for you.
Summary
Here are a few key aspects of Chapter 13:
- Stops collections and stays foreclosure with the benefit the automatic stay under the U.S. Bankruptcy Code, if applicable.
- Allows you to restructure some of your debt payments into an affordable monthly payment.
- You can usually keep your property, but you must earn wages or have some other source of regular income and you must agree to pay part of your income to your creditors. The court must approve your repayment plan and your budget. A trustee is appointed and will collect payments from you to pay your creditors.
- Get help in your pro se case. If you filed a case without an attorney (pro se), we can help you with affordable options in your case.
- You may be able to file a Chapter 13 even if you recently received a Chapter 7 discharge.
- Lower debt on your car through a process called a “cramdown”.
- Discharge tax debt under some circumstances.
- Stop repossession and get your car back in some situations.
- Avoid judicial liens, second mortgages and other liens on your real estate in some situations.
If you considering filing for bankruptcy, take your time to weigh your options. The right attorney will be able to explain the bankruptcy process to you in depth and help you to make important decisions regarding your personal financial situation.
We are a federally designated debt relief agency. We help people file for bankruptcy under the Bankruptcy Code. This statement is required by 11 U.S.C. § 528(a)(4), however, it does not state the full range of services available from this firm.
References to the U.S. Bankruptcy Code and Code are found at Title 11 of the United States Code, and the relief discussed herein may be afforded under the U.S. Bankruptcy Code, including §§ 362, 506, 522, 523, 547, 1301, 1322, 1325, 1327 and 1328.
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We are a federally designated debt relief agency. We help people file for bankruptcy under the Bankruptcy Code. This statement is required by 11 U.S.C. § 528(a)(4), however, it does not state the full range of services available from this firm.
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