Las Vegas Chapter 13 Bankruptcy Lawyers
Need Debt Relief? Hurtik Law & Associates Can Help.
If you do not qualify for Chapter 7 bankruptcy, or you prefer to keep certain assets like your home or car, you may be eligible to file for Chapter 13. As the second most popular form of bankruptcy, this option allows individuals to restructure their debts into a repayment plan that spans across three to five years.
What Is Chapter 13 Bankruptcy?
If you are struggling to repay your debts but have a steady income, Chapter 13 bankruptcy is a possible way to get some relief. Also known as wage-earners bankruptcy, this debt relief solution allows qualifying individuals to work with their creditors to develop a plan to repay all or part of their debts. At the end of the payment period, any unsecured debts remaining will be discharged.
Chapter 13 Is Typically Ideal for Those Who:
- Have fallen behind on mortgage payments
- Wish to protect their home from foreclosure
- Need additional time to pay their taxes
- Have substantial credit card debt with high-interest rates
At Hurtik Law & Associates, we understand how burdensome debt can be. Our Las Vegas Chapter 13 attorneys are committed to helping you find the debt relief solution that is right for you. We would love the chance to get to know you and talk about your current financial situation during a consultation.
Is Chapter 13 Worth It?
Are you considering bankruptcy, but are unsure if Chapter 7 or 13 would work best for you? Below, we go over some of the benefits of filing Chapter 13.
Benefits of Chapter 13 Bankruptcy:
- Avoid or stop foreclosure
- Put a stop to creditor harassment
- Keep property that you are making payments on
- You will have more time to pay off your debt and Chapter 13 trustees may be more flexible on your payment terms.
- You will have no direct contact with creditors -- your trustee will distribute payments to them.
Who Can Declare Chapter 13 Bankruptcy?
Not all debtors are qualified to file for Chapter 13 bankruptcy. Eligibility for Chapter 13 is dependent on the amount of debt. As of April 2019, any individual who has less than $419,275 of unsecured debts and less than $1,257,850 of secured debts is eligible for this type of bankruptcy. The debt limits change every 3 years, so make sure to speak with a Chapter 13 attorney in Las Vegas to ensure that you qualify.
You Must Also:
- Be current with your filings for income tax. You cannot be behind.
- Have enough disposable income for a repayment plan.
- Be filing as an individual. You cannot file if you owe a business that is in debt.
Documents Needed to File for Chapter 13
In order to prove your eligibility, you must have the documentation. Get a copy of your credit report. This can be obtained from any credit reporting agencies. Some offer a free report once per year.
Additional Documents Needed for Chapter 13:
- Federal and state income tax returns from the last 4 years. Without these, your case will be dismissed by the bankruptcy court.
- Paystubs for the last 6 months
- Bank account statements for the last 3 - 6 months
- If applicable, lease agreement or mortgage statements and real estate tax bills
- Recent car loan statements
If there are any other documents that are relevant to your assets, debts, or income, be sure to collect it.
How Long Does a Chapter 13 Stay On Your Credit?
While credit will be affected when filing for bankruptcy, it doesn’t mean your credit will be harmed indefinitely. Chapter 13 only remains on a credit report for 7 years from the date the bankruptcy case was filed. This differs from Chapter 7 Bankruptcy, which remains on your credit for 10 years.
Will I Lose My House if I File Chapter 13?
One of the many benefits of filing Chapter 13 bankruptcy is the ability to avoid having your home foreclosed on as an automatic stay is placed on creditor actions. As opposed to other forms of bankruptcy, Chapter 13 allows you to keep what you own, as long as you make the necessary payments to the creditors detailed in your payment plan.
Consulate With a Las Vegas Chapter 13 Lawyer
At Hurtik Law & Associates, our legal team handles both Chapter 7 and Chapter 13 bankruptcy. If you are seeking relief from your debt, our experienced Chapter 13 lawyers in Las Vegas can help you determine which Chapter are eligible for and then help you navigate the entire process.