How to File Chapter 13 Bankruptcy in Southwest Ohio
Chapter 13 bankruptcy attorneys for West Chester, Mason and Lebanon, Ohio
Ernst & Associates has a team of skilled and experienced bankruptcy attorneys available to help people throughout southwest Ohio find relief from crushing debt through bankruptcy or other forms of debt relief.
Chapter 13 bankruptcy may be the best debt relief option for debtors with a steady income but too much debt to keep up with their monthly payments. Our Chapter 7 bankruptcy lawyers can help explain the pros and cons of filing for Chapter 7 versus Chapter 13 bankruptcy protection.
In general, a Chapter 13 bankruptcy allows the debtor to reorganize and repay all or a majority of the debt through an installment payment plan approved by the Bankruptcy Court. The repayment plan can last from three to five years, but not more than five years.
A court appointed trustee oversees the repayment plan, where typically, all of the debtor's disposable income must be paid during the repayment period. Disposable income includes earned income that is not reasonably necessary to support the debtor and the debtor’s family.
An overview of what happens in a Chapter 13 bankruptcy
As in Chapter 7 bankruptcy proceedings, our West Chester, OH bankruptcy lawyers file a petition with the federal bankruptcy court for a Chapter 13. We provide a complete picture of your financial situation to the court, including:
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The debtor must also file a certificate of credit counseling and a copy of any debt repayment plan developed through a credit counseling agency. Our Mason, OH Chapter 13 bankruptcy attorneys can help you get these together.
Once the debtor's documents are filed and reviewed by the court, a trustee is appointed. The trustee holds a hearing between the creditors and the debtor. The debtor must respond to questioning under oath. The trustee also supervises the Chapter 13 bankruptcy and receives the debtor's debt payments for disbursement to the creditors according to the approved repayment plan filed with the court.
Learn what debts are discharged in Chapter 13 bankruptcies
Only the debts listed in the bankruptcy plan and approved by the bankruptcy court are discharged at the end of the repayment period. Any debts that were not included are note discharged.
There are also certain debts that cannot be discharged in a Chapter 13 bankruptcy:
- Spousal and child support obligations
- School loans
- Drunk driving and other criminal fines and restitution obligations
- Long-term obligations that extend beyond the term of the plan, such as mortgages or car payments
Our West Chester debt collection attorneys can advise you as to your options with your remaining debt.
Schedule a free initial consultation with our Lebanon bankruptcy attorneys
Ernst & Associates’ decades of outstanding legal advocacy have earned our firm a reputation for reliable and trustworthy representation throughout southwest Ohio. Contact us online or call us at 513-268-0738 to arrange for experienced and cost-effective resolutions to your bankruptcy issues.