Orlando Bankruptcy Lawyers at Clark & Washington Provide Overview of Chapter 13 Filing Process

The attorneys at Clark & Washington, an Orlando bankruptcy firm, explain the process of filing for chapter 13 bankruptcy.

2012-10-04

NORCROSS, GA, October 04, 2012 (Press-News.org) Filing for Chapter 13 bankruptcy allows you to reorganize and repay your overwhelming debt while protecting assets such as your home and car from foreclosure or repossession. It can also protect you from wage garnishment and debt lawsuits and can reduce or even eliminate your credit card debt.

Despite the many advantages Chapter 13 can offer someone in a difficult financial situation, confusion about the process sometimes discourages people who would benefit from filing. In order to counteract this gap in the common understanding of bankruptcy, the Orlando bankruptcy lawyers at Clark & Washington have organized this collection of basic facts concerning the filing process. Anyone with additional questions about Chapter 13 or personal bankruptcy in general is encouraged to contact Clark & Washington for a free consultation.

To qualify for Chapter 13 bankruptcy, the debtor should be employed or have an alternative regular source of income, as it will be necessary to make regular monthly payments to your repayment plan, as well as current mortgage payments and other living expenses. Furthermore, the candidate's debts must not exceed a certain amount. Do not be deterred by confusion over whether or not you qualify; your Orlando bankruptcy attorney at Clark & Washington can help you determine if you are eligible and provide suggestions for an alternate course of action if you are not.

After you successfully file for Chapter 13, you will be put on a debt repayment plan, which will typically last between 3 and 5 years. However, before you file, you will need to be sure that you are filing at the right time, based on some time-related limitations. For example, if you had a previous bankruptcy case dismissed, either due to your own request or a failure to obey court orders, then you may not be able to file again until 180 days have passed. Within the 180-day period preceding your filing, it is required that you receive a briefing from a certified credit counseling agency in which they explain financial management, including budget analysis and bankruptcy alternatives. Your bankruptcy lawyer at Clark & Washington will be able to help you complete this requirement. Finally, during the 90 days before you file, you must reside within the state in which you intend to file.

One the Chapter 13 petition has filed, your case will officially begin and the court will, in most cases, issue an automatic stay, which will prohibit creditors from taking further collection action against you while the stay is in effect. All creditors listed in the petition will be notified, and a bankruptcy trustee will be assigned to the case. A Notice of Commencement of Case will be sent to you and all of the listed creditors, typically within 15 days of the filing, which will include important logistical information such as deadlines for claims from creditors and dates and locations of meetings.

No two bankruptcy cases are exactly alike. However, due to Clark & Washington's extensive experience with diverse personal bankruptcy cases, the firm's Orlando bankruptcy lawyers are prepared to give your case the best possible chance of succeeding. With your Clark & Washington bankruptcy lawyer attending your hearings and completing your paperwork, you can finally stop worrying and look forward to a brighter financial future. If you are thinking about filing for bankruptcy in Orlando, don't go it alone. Request a free, no-obligation consultation with an Orlando bankruptcy lawyer at http://www.orlando-bankruptcy-help.com.

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