A Chapter 13 Bankruptcy Attorney can save you money and help you get your life back on track. They’ll examine your debts, income and expenses to find a repayment plan that fits your budget and will give you a fresh start.
The process is complex and can be frustrating if you don’t have a professional guide you through it. If you skip a step or fail to fill out the right paperwork, it could set you back or even mean that some of your debts won’t be covered in bankruptcy.
You need to hire a bankruptcy lawyer in Phoenix who has experience and can help you navigate the legal process so you don’t have to worry about making any mistakes. Ask your friends or family for recommendations.
If you’re a homeowner and facing foreclosure, you should consult a bankruptcy lawyer in Phoenix to see if filing for Chapter 13 may help save your home. This type of bankruptcy allows you to keep your home while also repaying the mortgage and other secured debts.
Lien Avoidance and Stripping
If you have a debt that is owed to a creditor, such as a tax lien, it can be avoided through a process called “lien avoidance.” However, only certain types of liens can be avoided. This includes debts that are owed to the IRS and some types of second mortgages.
Eliminating Unsecured Debts
You can eliminate most unsecured debts in bankruptcy, including credit cards, personal loans and medical bills. However, some unsecured debts aren’t discharged in bankruptcy, such as recent taxes, court fees, child support, penalties, fines and restitution.
Unsecured debts are usually the last ones to be eliminated in a Chapter 13 plan. You can pay these debts through your repayment plan, and in some cases, the amount you pay will be a small percentage of what you owe on the rest of your unsecured debts.
The best Chapter 13 Bankruptcy Attorney will have the knowledge and experience to create a plan that will work for you. A bankruptcy lawyer can determine your current monthly income, the number of unsecured debts you have, and how much unprotected equity there is in your property to come up with a plan that will allow you to pay off all of your unsecured debts while still allowing you to retain your property.
A Chapter 13 Bankruptcy Attorney can also help you catch up on mortgage payments if you have fallen behind on them. They can also assist you in modifying a mortgage, when necessary, by seeking loss mitigation on your behalf and negotiating a lower interest rate or other terms of the modification.
Refinancing a Home through a Chapter 13 Bankruptcy
A bankruptcy lawyer in Phoenix can help you refinance your home through a process called “reaffirmation.” This is where you make your current mortgage payments to the lender, but under a new payment schedule that is allowed by law. It’s similar to a loan modification but is approved by the bankruptcy court instead of the lender.