Chapter 13 Bankruptcy

Chapter 13 Bankruptcy

Chapter 13, commonly referred to as a “wage earner” bankruptcy case, involves a reorganization of your finances to allow you to pay back some or all of your debts over a period of time. Chapter 13 does NOT require you to repay all of your debts. Instead, it involves repaying a certain amount of debt in order to keep all of your property. Some creditors will be paid in full, others will get a percentage. This is a case by case determination and depends on what needs to be accomplished.

If your goal is to stop a foreclosure, garnishment, repossession, or get back a vehicle after it’s been repossessed, then Chapter 13 may be right for you. Some people think of Chapter 13 bankruptcy, like credit counseling or debt management. The main difference is that under Chapter 13 bankruptcy, your creditors do not get a say about how much they get paid – the law and the bankruptcy court make the decision.

The real beauty of Chapter 13, however, is that it changes when you need it to change. If your income goes up or goes down, or if you decide that the house or vehicle isn’t worth saving, you can always go back to the bankruptcy court to modify your repayment plan. Chapter 13 bankruptcy is complex, and many cases fail because they are not handled carefully. We have the experience to make your Chapter 13 case a success, giving you the chance to get a fresh start and protect all of your property. When you come to our office for your free, no-obligation consultation, we’ll analyze your situation completely to come up with the right solution for you.

How Does It Work?
Chapter 13 bankruptcy in Arkansas is similar to, but not the same as, Chapter 7 bankruptcy. In Chapter 13 bankruptcy, we will work with you to prepare a plan that outlines how you will pay what you need to pay to accomplish your goals. A Chapter 13 process lasts a minimum of three (3) years and can run as long as five (5) years, depending upon your income and debt levels. During this time, you will make monthly payments to the Chapter 13 Trustee assigned to your case. Your creditors cannot take any action against you during this time – including lawsuits, wage garnishees, and foreclosures.

About thirty (30) days after your case is filed with the court, you will have a short meeting with the Chapter 13 Trustee. Don’t worry! Your lawyer will be there with you to answer any questions you have. After this meeting, there is a ten (10) day period for creditors to object to their treatment in the plan. Most objections are procedural and won’t require you to attend any more hearings. If objections are filed, we will get them resolved. Once all objections, if any, are resolved, your case will be confirmed. You will continue to make your payments for the duration of your confirmed plan. Upon completion of the plan, the court will issue you an Order of Discharge, your case will be closed, and your bankruptcy should be complete.

Chapter 13 bankruptcy can be a very smooth process if your case is prepared properly. At Crawley Law Firm, we pride ourselves on the number of successful Chapter 13 bankruptcy cases we have filed, and look forward to helping you as well.

How Long Does It Take?
Chapter 13 bankruptcy can take anywhere from three to five years. The cornerstone of Chapter 13 bankruptcy is the Chapter 13 Plan, the document that creates the roadmap for how your repayment plan will be handled. The Chapter 13 Plan depends on a number of factors but relies heavily on your household income and allowable expense levels for your household’s size and income level. Those expenses are set by the Office of the U.S. Trustee, and may in some cases be higher than your actual expenses. It’s a sliding scale that looks to a number of factors and requires a complex set of calculations.

Other factors that go into your Chapter 13 Plan are the amount of debt you have and the value of your assets. If you’re thinking about Chapter 13 bankruptcy, the best thing you can do is review your options. We’ll outline the entire process for you and help you determine if Chapter 13 is right for you.

What To Bring?

Filing for bankruptcy in Arkansas can be simple in the right hands. That’s why when you meet with Mr. Crawley at Crawley Law Firm, you are asked to bring certain documents and information for us. With the right information, we can get to the heart of your problem quickly and effectively, giving you the help, you need. When you come for your consultation, you will need to bring several documents.

  1. Driver’s license
  2. Social security card
  3. Paystubs – Last 6 months
  4. Bank Statements – Current month and past two months
  5. Tax Returns – 2017, 2018, 2019, 2020
  6. State Tax Returns – 2017, 2018, 2019 & 2020
  7. 2020 W2
  8. Personal Property Assessment – Most recent
  9. Vehicle registration – Only for ones you owe money on
  10. Proof of vehicle insurance

We will pull a credit report, but we will need a list of creditors for any not on there (name of creditor, address and amount owed)

You can get one FREE annual credit report from all three credit reporting agencies (Experian, Equifax, and Transunion) by going to www.annualcreditreport.com or by calling 877-322-8228.
 If we need any further information, we will let you know.

Chapter 13 And Your Credit Score

Assessing Your Finances
The first step to improving your financial situation is knowing where you’re starting from. Obtain your credit reports from the three credit reporting agencies (Experian, TransUnion, and Equifax) and make sure they are all correct. If you find any discrepancies, it’s important to clear them up as soon as possible. Next, sit down and make a realistic, clear-eyed budget. This will give you the information you need to take the next steps. Finally, put together at least a small amount of savings in case of an emergency. At this point in the recovery process, it’s important that an unexpected expense is not allowed to put you in debt that could spin out of control.
Special Considerations for Chapter 13

Chapter 13 bankruptcies have some features that make them different from Chapter 7 filings, both to consumers and credit reporting agencies. In Chapter 13, you’ll have likely held on to real assets such as land, homes, and cars. This means that you will come out of bankruptcy with assets that can be used as collateral, and creditors know that. Beware of “credit recovery firms” that offer to fix your financial problems. They are usually a scam, preying on people who are recovering from a difficult financial time.

Another thing to be aware of after Chapter 13 is reaffirmed debt. Your repayment plan may have included debts that you agreed to pay normally in spite of your bankruptcy. If this is the case, you’ll still have those payments until they’re fully paid off, as they are not discharged at the end of your bankruptcy.

Chapter 13 is a longer process than Chapter 7 bankruptcy, and credit scores begin to rebound after the date of filing, not the date of discharge. This means you’re likely to see a higher score coming out of bankruptcy with this type of filing.

Steps To Rebuilding

Now you’re ready to make a plan to rebuild your credit score. This process can take a long time, several years in fact, but don’t get discouraged or impatient. It’s far from impossible, and taking the following steps will help get you there.

Secured Credit Cards
A secured credit card functions like a normal credit card, except that it requires a deposit in the amount of the credit limit in a savings account with the issuing bank. Because this minimizes the risk to the bank, the interest rate is typically low. Payments are reported to the credit rating agencies, so they’ll raise your credit score. Because of this, though, any missed payments will affect your score negatively.

Unsecured Loans
After your credit has begun to look better, you’ll want to apply for an unsecured loan or card. Keep an eye on interest rates and required monthly payments, though. Your score will likely be on the lower end still, so rates are likely to be high. Don’t let fees and interest eat into your budget and damage your overall financial recovery.

Mortgage Issues

Sometimes mortgage companies just don’t pay attention to the laws. Even if you file a Chapter 13 bankruptcy to stop a foreclosure, the mortgage company will often keep on tacking on illegal fees and costs. This inflates the balance on your mortgage, making it impossible to keep up with payments — and forcing you deeper and deeper into the foreclosure sinkhole. That’s why at Crawley Law Firm, we know that Chapter 13 filing is a powerful tool to stop the sale of a home in foreclosure — but it’s just the beginning of the work needed to protect our clients.

What do we do? We go one step beyond a traditional bankruptcy law firm.

As soon as the case is filed, our experienced team of mortgage abuse professionals starts to gather information about your mortgage account. Not only do we look at your closing documents, but you also get a complete history of the loan.

Our Team Will:
Make sure that your monthly mortgage payments are being properly applied under the terms of the mortgage and note.
Review the escrow account to ensure that it is properly managed under federal law.
Guard against any unreasonable and unnecessary charges, fees, costs, and expenses being assessed against your mortgage account.
Monitor the loan to make sure that bankruptcy payments are being applied correctly.
Determine who the true owner of your mortgage and note is.

Schedule your consultation with our bankruptcy attorney in Arkansas today!

Get In Touch


Reviews

Crawley Law Firm, PA

Customer Reviews

H Barnes

Awesome. Answered every question each time all the time. Be prepared when you walk into his office because they're already waiting to tackle your issues. Good staff too. This lawyer gets this thang done. Have your ducks in a row.. They will help you all the way.

Mr. and Mrs. Dowdy 08/19/2022

We want to personally thank Mr. Crawley and his staff for everything. We want the whole office know we appreciate each of you for being kind and having patience with us throughout the process.

C. Henley

I have been struggling with coming to this decision to file bankruptcy, but you have made me feel comfortable through this process! Thank you for being so great with clients! You are a rockstar in my book! This is terrifying but you all have made it better! Thank you for all your help!!

Terri B. 01/20/22

Google
I would definitely recommend Crawley Law Firm. They were informative and very patient all the way through. I could always call with any other questions. Juliana was great! Michael and all of his staff were very professional and understanding all the way!

Robert N. 01/17/22

Google
Very responsive very respectful, and competitive on price. Always answered my questions with honor. Thanks Crawley team.

Sherry S. 01/12/22

Awe ty for always making me feel better. You are good people and I can't tell you how every single thing u have ever said or done u and ur hubs has helped us in some way. And this bankruptcy stuff is serious and ya'll take such good care of us and we appreciate you!

Brandy T. 12/23/21

Thank u so much y'all are so pleasant and beautiful people to work with.

Tonya D. 12/27/21

Google
Mr Crawley and all of his staff were extremely nice, truly caring and always there to help. I am very fortunate to have been able to work with all of them. Anytime you have a question all you have to do is call or email. They would ALWAYS get right back with you. If you need a GREAT attorney....Definitely give them a call!!!

Tonya.

Update: 12/27/2021

These people are awesome to work with. They don't just take care of you at the beginning and leave you to deal with stuff and you be lost. They are with you every step of the way. Even after it is all said and done they are a phone call, text or email away. You have multiple ways to stay in contact and they make you very comfortable asking any questions you may have. I highly recommend Mr Crawley and all of his staff. They are amazing. They are the best so please give them a call. I did and they also give you information to help you rebuild your credit. So they go above and beyond for sure. Happy New Year's and be sure you pick the right one when needed.

Arnold B. 11/04/21

They treat you like your someone; with understanding and caring ,really good folks i trust them you can too

Tonya D. 10/29/21

Google
Mr Crawley and all of his staff were extremely nice, truly caring and always there to help. I am very fortunate to have been able to work with all of them. Anytime you have a question all you have to do is call or email. They would ALWAYS get right back with you. If you need a GREAT attorney....Definitely give them a call!!!
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