807 N. Calvert Street 2nd Floor, Baltimore, MD 21202 

Call Now: 410-837-3570

Chapter 13

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.

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. 

Help us prepare for your consultation, by sharing a little more information about you.

For more information about what’s next, please take a look at our Article

For a free consultation, call us today at (410) 837-3570. Evening appointments are available upon request.

Attorney Shawn W. Carter is responsible for the content of this website. The information on this website is provided for educational and advertising purposes for the public.  The information is not intended as, and should not be construed as, legal advice. The use of the information provided in these pages does not form any contractual or other form of attorney-client relationship with the reader or user of the information.   Please consult with an attorney regarding your particular factual and legal circumstances.  An attorney-client relationship cannot be created before the firm has accepted the representation and confirmed the representation in writing. 

Please do not send us any confidential information about any matter that may involve you unless we have agreed that we will be your lawyers and represent your interests. The best way for you to initiate a possible representation is to contact the office so that we can explain the steps that must be followed. When you enter into a retainer agreement from us, you will be our client, and we may then exchange information freely.

Nothing on this website is intended to state or imply that the quality of the legal services to be performed by Shawn W. Carter is better than the quality of legal services performed by other lawyers.  You must be a resident of, or authorized to do business in, the State of Maryland in order to use the legal services offered by this website and the law firm. 

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. 

Note: each case is different and the past record of a lawyer is no assurance that the lawyer will be successful in reaching a favorable result in any future case.