Naatz Law Office–Chapter 13 Bankruptcy.
QUICK features of chapter 13:
You have to make monthly payments based on a formula to a chapter 13 trustee for between three to five years.
You can catch up on overdue secured debt. If you do, you can keep your house or car secured by that debt.
You may not have to pay back any unsecured debt, like credit cards, depending on your available income.
You can stop a foreclosure or repossession.
You can settle your debts over time – usually without payment of interest.
You can get rid of a second mortgage on your house if the house is worth less than the first mortgage – this is called “lien stripping”
You can include some of the legal fee into your repayment plan.
The Steps of Chapter 13 Bankruptcy
Step 1 -Talk with us: During or after the initial consultation, we will need to collect the documents listed under “—-” in order to prepare your Bankruptcy petition. We will also provide you with an intake form that we will either fill out together or you can take home to complete. We can accept these documents by email or fax to speed the process and minimize the hassle to you. Once we receive everything it usually only takes us a week to be ready to file your paperwork.
Step 2 – Credit Counseling: Before we can file any paperwork with the court,
you are required to take a credit counseling class and obtain a credit counseling certificate. This is completed over the phone or internet for a small fee. This fee is included in your bankruptcy fee. After completion, the company will send us a copy of your certificate. We will file your certificate with your petition.
Step 3 – Bankruptcy Papers are Filed:
After receiving all your documents and counseling certificate. We will prepare your Bankruptcy petition and corresponding schedules. You will then review the bankruptcy petition with us for accuracy and sign them. We will file your bankruptcy petition with the court electronically. This allows us to file instantaneously and you immediately receive legal protection. Within 24 hours after filing, we will provide you with your bankruptcy case number and the date for your creditor meeting. If you receive phone calls from bill collectors, you can give the creditor your case number and our telephone number.
Step 4 – Financial Management Course:
After your case is filed, you will need to complete a “Financial Management Course” approved by the United States Trustee’s office. This course is done over the phone or internet with the same company as your credit counseling course. This fee is included in your bankruptcy fee. After completion, the company will send us a copy of your certificate. We will file your certificate with The Court.
Step 5 – First Payment:
You must make your first payment under your repayment plan within 30 days after the date that your plan was filed, otherwise your case can be dismissed.
Step 6 – Attend Meeting of Creditors:
After your bankruptcy case has been filed, you will attend a meeting with Attorney Naatz in Springfield called a 341 Meeting or a Creditor Meeting. At this meeting, a U.S. Trustee who is appointed to your case will interview you for a short time and ask you some basic questions about your case. This meeting is mandatory, and you must appear with a Drivers License and Social Security Card. These meetings usually last only 10 to 15 minutes. The creditor meeting is generally the only time you must make an appearance relating to your bankruptcy filing.
Step 7 – Confirmation Hearing:
You or your attorney attends the confirmation hearing, about 30 days after the creditors meeting, where the court addresses any objections raised by creditors or the trustee and approves your repayment plan.
Step 8 – Creditors file proofs of claims: Within 90 days after the creditor’s meeting creditors file a form or document with the Court specifying the amount they are owed. You, or your lawyer, may also need to file a “Proofs of Claim” for creditors who don’t file. Objections to any claims filed by creditors must be filed by you, your lawyer or the Trustee.
Step 9 – Statements: The trustee sends statements showing what creditors have filed claims and for what amount and the plan payments received and how much money has been paid to each creditor, and the balance due each creditor.
Step 10 – Provide annual information: Every year you will provide the trustee annual income and expense statements and/or tax returns.
Step 11 – Discharge: 36 to 60 months after filing, if all plan payments have been made, the court will mail your discharge.
To make an appointment….
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