MESA, AZ CHAPTER 13 BANKRUPTCY ATTORNEY
Experienced Bankruptcy Lawyer Serving Gilbert, Mesa, Phoenix & Queen Creek
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When you choose D.M. Bankruptcy Law Group to represent your case, you will work directly with Attorney Dutkiewicz. He is available after typical working hours to make sure he can answer all of your questions and be there whenever you need him.
What is the Means Test?
The Means Test is a formula that determines eligibility for Chapter 7 bankruptcy in Arizona. If a person does not qualify for Chapter 7 bankruptcy through the Means Test, they can instead generally file for Chapter 13 bankruptcy.
The Means Test evaluates the preceding 6 months of your income to decide whether you have the “means” to partially repay creditors. If your current income is less than the average median income for your household size, you will automatically qualify for Chapter 7 bankruptcy. If your current income exceeds the average median income, you will need to calculate your disposable income. If you have sufficiently high disposable income – and thus some “means” of repaying creditors – Chapter 13 bankruptcy will often be the only bankruptcy option for you.
What Is a Chapter 13 Plan?
A Chapter 13 plan is a legal document filed with the Bankruptcy Court that outlines which of your creditors will get paid, when, and by what means. In most cases, the “means” is your disposable income.
Most plans will have a duration of 5 years, or 60 months. Depending on your household income, plans can be as short as 3 years, or 36 months.
A Chapter 13 plan must get “confirmed” after it is filed. This means the plan must follow all relevant rules and laws governing Chapter 13 bankruptcies. It must also be able to withstand any objections registered by creditors. If a Chapter 13 plan is dismissed, you will not be eligible for a discharge and could be exposed to damaging collection actions. Our Mesa, AZ Chapter 13 bankruptcy attorney can prepare a strategic plan that maximizes relief while meeting all requirements.
What Is a Cramdown?
The word “cramdown,” when used in the context of a Chapter 13 bankruptcy, refers to the process of getting an Arizona Bankruptcy Court judge to sign an order stating that you are only required to pay the fair market value of your vehicle (or some other personal property) instead of what is actually owed on the property. A cramdown is only available in a Chapter 13 bankruptcy and is not an option for Chapter 7 filers. A cramdown is also only granted in very specific situations. We can advise whether a cramdown may be available to you.
How Can Chapter 13 Bankruptcy Stop Foreclosure?
If you fall behind on mortgage payments, you will eventually receive a “Notice of Trustee’s Sale,” which informs you that you will lose your home in 90 days through an auction or foreclosure. It can be terrifying to receive this notice, and some will assume there is nothing they can do to stop the process. Do not let this be you: You have options even when a foreclosure is imminent!
Filing for Chapter 13 bankruptcy is in many cases the most effective way to stop a foreclosure on your home. You must file for bankruptcy before the date of the sale. At that point, you will benefit from the bankruptcy’s automatic stay, a court order that forces a halt on all collection actions – including foreclosure. We offer emergency filing options and same-day appointments if you are in immediate danger of losing your home.
Once you file and your Chapter 13 plan has been accepted, you can make payments on the arrears – or the back payments you owe your lender – over the course of your plan. In many cases, you will have as many as 5 years to cure these arrears. During this time, your lender cannot foreclose your home so long as you continue to make your plan’s monthly payments.
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HOW MUCH DOES IT COST TO FILE FOR CHAPTER 13 BANKRUPTCY?
The District of Arizona Bankruptcy Court has approved a flat fee for Chapter 13 bankruptcies. Individual filers will be required to pay $4,500 in most cases. Filing for businesses costs $5,500.
Practically all attorneys charge these amounts, but what varies is how much is paid up-front. At D.M. Bankruptcy Law Group, LLC, we offer payment plans that are flexible to your needs and budget. We aim to obtain $1,000 up-front – before you file – and collect the rest over the course of the Chapter 13 plan. If this does not work for you, we will work with you to find a compensation plan that does.
Our Gilbert, AZ Chapter 13 bankruptcy lawyer has successfully handled over 1,500 cases and is ready to guide you through each step of the process. When you come to our firm, we will help you understand what you will need to pay in a Chapter 13 plan and what types of debt you can expect to discharge. Our team can also work to efficiently file to help avoid damaging collection actions, including bank levies and wage garnishments.
Will I Lose My Vehicle In a Chapter 13 Bankruptcy?
In many cases, no, you will get to keep your vehicle. Nearly all vehicles with money owed on them will be paid through the Chapter 13 bankruptcy plan, and you will typically be able to avoid repossession. We may even be able to help reduce the interest rate on the amount owed.
Can Chapter 13 Bankruptcy Address Homeowner’s Association Fees?
Arrears (or back payments) on Homeowner’s Association fees can be paid back through a Chapter 13 bankruptcy. It is important to not neglect these costs, as a Homeowner’s Association has a lien on your house by statute and can, in certain circumstances, take your home from you. We can help ensure these fees are incorporated into your plan.