3+ Decades Experience in Bankruptcy

Chapter 13 Bankruptcy Law Firm

Our attorneys guide you through Chapter 13 bankruptcy process, helping you assess your financial situation and develop a tailored repayment plan. We work diligently to prepare and file your bankruptcy petition, ensuring accuracy and compliance with all requirements. Regain financial control, protect your assets, and navigate the complexities of Chapter 13 with confidence.

Trusted Chapter 13 Bankruptcy Attorneys

The Legal Process

Bring in financial information:

  • Paystubs
  • Bank statements
  • Tax returns
  • Billing statements
  • Vehicle titles
  • Any other relevant legal paperwork

Guide to Chapter 13

Before filing for Chapter 13 bankruptcy, debtors must complete a credit counseling course from an approved agency within 180 days prior to filing.

Debtors submit a bankruptcy petition, along with schedules listing their assets, liabilities, income, and expenses, to the bankruptcy court in their jurisdiction. They must also pay a filing fee and provide additional documentation, such as recent tax returns and proof of income.

Once the petition is filed, an automatic stay goes into effect, which temporarily halts collection actions, foreclosures, and wage garnishments by creditors.

Approximately 21 to 50 days after filing, the trustee will hold a meeting of creditors, where the debtor answers questions about their financial situation and the proposed repayment plan under oath.

The bankruptcy judge reviews the proposed repayment plan, addresses creditor objections, and confirms, modifies, or dismisses the plan.

Once the plan is confirmed, debtors begin making payments to the trustee, who then distributes the funds to creditors according to the terms of the plan.

Upon successful completion of the repayment plan, the debtor receives a discharge, which eliminates any remaining dischargeable debts not paid through the plan. The case is then closed.

Frequently Asked Questions

How long does a Chapter 13 take?

The repayment period for a Chapter 13 bankruptcy typically lasts between 3 to 5 years, depending on the repayment plan that is created and approved by the bankruptcy court.

Do I qualify for Chapter 13?

To qualify for Chapter 13 bankruptcy, you must have a regular source of income and unsecured debts (such as credit card debt) that are less than $419,275, and secured debts (such as mortgages and car loans) that are less than $1,257,850. Your specific financial circumstances will determine if you are eligible to file for Chapter 13.

Does Chapter 13 bankruptcy stop wage garnishments and collection actions?

Chapter 7 bankruptcy can stop evictions on a case by case basis. If you file for bankruptcy protection before the landlord obtains a judgment or eviction order, the bankruptcy “stay” will stop the eviction. If the landlord already has the warrant, the bankruptcy stay does not stop the eviction.

How does Chapter 13 bankruptcy affect my credit?

Filing for Chapter 13 bankruptcy will appear on your credit report and may negatively impact your credit score. However, as you successfully make payments through your repayment plan, your credit may begin to improve over time. The bankruptcy filing will generally remain on your credit report for seven years from the filing date.

Can Chapter 13 bankruptcy stop eviction?

Chapter 13 bankruptcy can help you avoid eviction if you are behind on rent payments, as long as you can include the past-due rent in your repayment plan and keep making future rent payments. However, if you are being evicted for reasons other than non-payment of rent, such as violating your lease agreement, Chapter 13 bankruptcy may not be able to help you.

Get the fresh start you deserve

Barbaruolo Law Firm Testimonials

My wife and myself needed a Law firm we could trust. A lawyer that had experience, and knowledge. And one that would treat us like family, not just another client. We found all of those attributes. Who you ask, her name is Paula Barbaruolo. Paula and her team are by far the best. She answered all of our questions, addressed all of our concerns. When you step in the door of her office, you automatically feel comfortable. Her attention to detail, is second to none. When she tells you she's going to accomplish the reasons you came there for, she does just that. There's never any stress when you're there, or when you leave. I can't emphasize enough to each and every person that needs a top-notch Lawyer, don't hesitate, contact Paula. I promise you, it will be the best phone call you will ever make. On a scale from one to ten, I give Paula and her team a twelve.

[redacted] Client

I recently had the pleasure of working with Mrs. Barbaruolo. I found her to be honest, fair, competent, sharp and creative. She was also very human and caring. She solved my legal issues in a very timely manner and was very fair in her pricing. If you are needing a bankruptcy lawyer, look no further… Paula Barbaruolo is the right lawyer for the job!! I HIGHLY recommend her!!

[redacted] Client

I cannot thank you enough for everything you have done for me. I am your biggest fan! You are simply amazing and oh how I wish I started this whole process with you from the beginning. ​It would have saved me many tears and sleepless nights.

[redacted] Client

When I got into trouble with credit cards, I went to Barbaruolo Law Firm for help. When I thought I couldn't do anything, Paula helped me come up with a plan that was great for me. Without getting into details, I had some trouble in my payback period and Paula and her team went to bat for me and helped me beyond my imagination. I would HIGHLY RECOMMEND this law firm! They truly care.

[redacted] Client

I’ve got nothing more to say than professionalism for this firm. Every aspect of my case was fully explained to me in detail and there were never any surprises. Communication is excellent, especially when I would receive mail and have questions regarding the content. Paula and her team are outstanding!

[redacted] Client

Located in Albany, NY

Where to Find Us

Our offices are located centrally to the Capital Region of New York in Latham, minutes from the Albany Airport.

Copyright © 2024 Barbaruolo Law Firm

Site by CannaPlanners