ARIZONA’S BEST BANKRUPTCY ATTORNEY

ATLAS LAW CHAPTER 13 LAWYER

Take control of your financial future with Atlas Law Firm’s dedicated team of bankruptcy attorneys. Schedule a consultation today to explore your options for Chapter 13 bankruptcy and start on the path toward financial stability. Chapter 13 bankruptcy is a viable option for debt relief for several reasons, tailored to individuals facing specific financial challenges:

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Chapter 13 bankruptcy offers a structured, protective, and manageable path to debt relief for individuals with regular income and specific financial goals. It provides an opportunity to reorganize finances, protect assets, and achieve long-term financial stability under the supervision and guidance of legal professionals.

What to Expect if you file a Chapter 13 Bankruptcy in Arizona

An Atlas Law Firm attorney experienced in Arizona Chapter 13 bankruptcy will assist you through the 10 steps of a Chapter 13 bankruptcy filing, help you to understand the bankruptcy law, and always proceed with your best interests and financial needs in mind.

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A Consultation with an Atlas Law Bankruptcy Attorney

The process typically begins with an initial consultation with a bankruptcy attorney. During this meeting, you will discuss your financial situation, explore whether Chapter 13 bankruptcy is the right option for you, and understand the implications of filing. Atlas Law Firm offers a free, no obligation initial consultation.

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Pre-Filing Requirements

Before filing for Chapter 13 bankruptcy, you will need to gather financial documents, such as income statements, tax returns, a list of assets and liabilities, and recent bank statements. These documents will be used to complete the bankruptcy petition and schedules.

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Filing the Bankruptcy Petition:

Your attorney will prepare and file the Chapter 13 bankruptcy petition, along with supporting schedules and documentation, with the bankruptcy court. Filing initiates the automatic stay, which halts creditor actions such as collection calls, lawsuits, and foreclosure proceedings.

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Meeting of Creditors (341 Meeting)

Approximately 4-6 weeks after filing, you will attend a meeting of creditors (341 meeting). This meeting is conducted by the bankruptcy trustee assigned to your case. Creditors may attend to ask questions about your finances and the proposed repayment plan.

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Confirmation of Repayment Plan

With the assistance of your attorney, you will propose a Chapter 13 repayment plan outlining how you intend to repay creditors over a period of three to five years. The plan must be feasible based on your income and expenses and must satisfy legal requirements.

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Approval and Implementation of the Plan

After the 341 meeting, the bankruptcy court will hold a confirmation hearing to review and approve your repayment plan. If the plan meets all legal requirements and is feasible, the court will approve it, and you will begin making payments to the bankruptcy trustee.

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Monthly Payments to Trustee

You will make monthly payments to the bankruptcy trustee, who will distribute funds to creditors according to the approved plan. Payments are typically based on your disposable income after essential expenses and may include arrears on secured debts like mortgage payments.

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Completion of Repayment Plan

Over the course of three to five years, you will adhere to the repayment plan, making timely payments to the trustee. During this time, you must also attend any required financial management courses as mandated by the court.

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Discharge of Remaining Debts:

Upon successful completion of the repayment plan, any remaining eligible debts covered by the plan may be discharged, providing you with a fresh financial start. Certain debts, such as student loans and certain tax obligations, may not be discharged.

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Post-Bankruptcy Counseling:

After receiving a discharge, you may be required to complete a financial management course to reinforce sound financial practices and ensure long-term financial stability.

Frequently Asked Questions About Chapter 13 Bankruptcy

Chapter 13 bankruptcy, also known as a “wage earner’s plan,” is a form of bankruptcy that allows individuals with regular income to reorganize their debts and create a repayment plan approved by the court. It enables debtors to repay creditors over a period of three to five years, often allowing them to keep their property and avoid foreclosure or repossession.

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To qualify for Chapter 13 bankruptcy, individuals must have a regular income sufficient to fund a repayment plan. There are also limits on the amount of debt that can be discharged in Chapter 13, which are adjusted periodically.

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The debtor proposes a repayment plan to the bankruptcy court, detailing how they will repay creditors over three to five years. The plan is based on the debtor’s income and expenses, with payments made to a trustee who distributes funds to creditors. The court must approve the plan, and creditors have an opportunity to object before it becomes effective.

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Chapter 13 bankruptcy typically remains on your credit report for seven years from the filing date. However, its impact on your credit score may lessen over time as you demonstrate responsible financial management.

In some cases, debtors may be eligible to convert their Chapter 13 bankruptcy to Chapter 7 if their financial circumstances change significantly. A bankruptcy attorney can advise on eligibility and the process for converting bankruptcy chapters.

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If you miss payments in your Chapter 13 repayment plan, your trustee or creditors may request court action. Depending on the circumstances, the court may dismiss your bankruptcy case, modify your repayment plan, or provide additional time to catch up on missed payments.

Contact an experienced Chapter 13 bankruptcy attorney near you

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