Chapter 13 Lawyer St. Charles MO
Chapter 13 Bankruptcy in Missouri allows a debtor to engage in a financial reorganization supervised by a federal bankruptcy court. Usually, people who are facing a foreclosure, car repossession, or people who can afford to pay their disposable income to their creditors choose to file a Chapter 13. Furthermore, people with substantial non-exempt property (that would be sold in a Chapter 7 bankruptcy) may also benefit. If you’re facing bankruptcy and think you would benefit from filing a Chapter 13 in St. Charles or Troy, call our Chapter 13 bankruptcy attorneys today for a free case evaluation.
Chapter 13 Bankruptcy: The Basics
Unlike some other forms of bankruptcy, a Chapter 13 bankruptcy is available to individuals and businesses alike. It provides an individual or business debtor the ability to reorganize and restructure the obligations owed to creditors. Chapter 13 differs from a Chapter 7 and a Chapter 11 proceeding. In a Chapter 7 case, an individual’s debt is discharged. In other words, a person is relieved of most of his or her debt obligation as a result of the bankruptcy proceeding. Similarly, in a Chapter 11 case, a business obtains a discharge of most of the debt it owes to its creditors.
In a Chapter 13 bankruptcy, an individual reorganizes their debt in such a way that they propose to pay their creditors their disposable income over a three to five year period. The plan is memorialized in writing, and details all the future transactions that will occur between a debtor and his or her creditors. The debtor in turn makes a payment each month to the court-appointed trustee, who in turn divides the money between the creditors of that debtor. The court establishes a specific time frame in which the obligations or debts in the payment plan must be satisfied or paid off by the debtor. Pursuant to the U.S. Bankruptcy Code, the maximum length of time for a repayment plan in a Chapter 13 bankruptcy case is five years. Generally, the debtor keeps their property, and the creditors receive much less money than had the debtor not filed for bankruptcy.
The amount of money a debtor needs to pay each month to the trustee in a Bankruptcy case is based upon that individual’s income and the total amount of debt due and owing to all of the creditors. The failure to make required payments will result in a dismissal of the bankruptcy case.
Advantages of Filing a Chapter 13:
- Stopping a foreclosure
- Discharge of debts not dischargeable under Chapter 7
- Reinstate suspended license
- Protect non-exempt assets
- Debts incurred in a divorce
Why Choose Us
Below is a list of what to expect in the event that you choose to hire our St. Charles Chapter 13 attorneys:
- Free initial consultation
- Complete paperwork with attorney & Case filed
- Attend creditors meeting
- First payment 30 days after filing
- Confirmation of plan 30 to 60 days after the creditors meeting
- Payments for 36-60 months
- Discharge of plan upon completion
Call today for a Free Consultation
When you’re in debt, it’s difficult to focus on anything else. But there are steps that you can take to get out of debt – even if your credit is damaged or your income has been cut off completely! Call our St. Charles bankruptcy attorneys at Westbrook Law Group to find out how to escape the shackles of debt and get relief in Missouri.
What Our Clients Say
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Filing a Chapter 13 for a Fresh Start
If you’re in over your head financially, call Westbrook Law Group today to schedule a free initial consultation with an experienced Chapter 13 lawyer in St. Charles and Troy, MO. Together, we can evaluate your financial situation and determine what the best course of action is to quickly put you back on track. We understand that the people seeking our services are having financial difficulty, and as a result, offer competitive rates and payment plans. To help our clients rebuild credit after bankruptcy, we offer 720CreditScore‘s credit program to all our clients free of charge! We also are available to meet with you in the evening or over the weekend, by appointment. Call us today at (636) 486-1122 or fill out our online case evaluation and someone will get back to you shortly.Learn how to maintain your financial freedom after getting out of debt by creating a budget in 6 easy steps.What is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is a type of personal bankruptcy that is referred to as a reorganization bankruptcy. Unlike Chapter 7 or liquidation bankruptcy, Chapter 13 allows debtors to create a plan for finishing their debts payments over time.What are the benefits of Chapter 13 bankruptcy?
Chapter 13 provides debtors with temporary and permanent debt relief. When you file your Chapter 13 bankruptcy petition, the automatic stay takes effect. This grants you temporary debt relief that will stop creditor harassment and wage garnishments, as well as prevent foreclosure and repossession proceedings. Once you complete your Ch 13 repayment plan, your bankruptcy discharge provides permanent relief from dischargeable debts, such as credit card debt, medical bills, and more.Not sure if your debts can be discharged in bankruptcy? Schedule a call with our Chapter 13 bankruptcy attorney in St. Charles and Troy, MO to find out which of your debts can be eliminated through bankruptcy.How long does it take to file for Chapter 13 bankruptcy?
There are two parts to the Chapter 13 process: getting your Chapter 13 plan confirmed and completing your repayment plan. How long your Ch 13 bankruptcy case lasts depends on how much you make and how long it will take to complete your bankruptcy plan payments.On average, filers get their Chapter 13 repayment plans approved in three to six months. The repayment plan generally takes around three to five years to complete, but it is possible to complete it earlier.How much does it cost to file for Chapter 13 bankruptcy?
If you’re thinking about declaring bankruptcy, you need to take a few bankruptcy costs into account.- Filing Fees
- Administrative Fee
- Fee for Reopening a Ch 13 Case
- Attorney Fees
Call today for a Free Consultation
When you’re in debt, it’s difficult to focus on anything else. But there are steps that you can take to get out of debt – even if your credit is damaged or your income has been cut off completely! Call our St. Charles bankruptcy attorneys at Westbrook Law Group to find out how to escape the shackles of debt and get relief in Missouri.
Who can file Ch 13 bankruptcy in Missouri?
Before filing bankruptcy, you first have to make sure that you are qualified for the type of bankruptcy you want to file. In general, there are three things you need to consider to determine if you’re eligible for Chapter 13.Are you filing as a business or an individual?
Since it’s a type of personal bankruptcy, a Chapter 13 filing is not available to businesses and companies. Consult your bankruptcy lawyer if you need to file bankruptcy for your business.Do you have a steady source of income?
A Chapter 13 bankruptcy case works by restructuring your debts into a long-term repayment plan, which is why you need to have a steady income. You’ll need to show the bankruptcy court that you can afford your monthly debt repayments and living expenses for the duration of your plan. If you can’t prove that you have the financial capacity to fulfill your repayment plan, you won’t be able to get your bankruptcy discharge.How much secured and unsecured debt do you have?
According to bankruptcy lawyers, the total amount owed for your secured and unsecured debts should not exceed certain debt limits. Secured debts refer to loans that have collateral, such as mortgage and car loans. This means that if you fail to repay your loan, the lender can seize your collateral property. On the other hand, unsecured debt refers to a loan that doesn’t have collateral.Thinking of filing Chapter 13 in St. Charles, MO? Our St Charles bankruptcy attorney can determine your eligibility and prepare your bankruptcy petition so you can get a fresh start in Missouri.How to File Chapter 13 in Missouri
Once you’ve made sure that you are eligible for Chapter 13, you can begin the bankruptcy process in Missouri. Here are the steps to a typical Chapter bankruptcy case:- Take a pre-filing course from an approved agency.
- Prepare your Ch 13 petition and create your proposed repayment plan.
- File your bankruptcy petition and plan to court.
- Attend your 341 meeting with creditors.
- Attend your confirmation hearing.
- Complete your Chapter 13 repayment plan.
- Take the required financial management class.
- Get your bankruptcy discharge.
Call today for a Free Consultation
When you’re in debt, it’s difficult to focus on anything else. But there are steps that you can take to get out of debt – even if your credit is damaged or your income has been cut off completely! Call our St. Charles bankruptcy attorneys at Westbrook Law Group to find out how to escape the shackles of debt and get relief in Missouri.
