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Serving the Western District of Kentucky
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Chapter 13 is designed for individuals with a regular and stable source of income who are temporarily unable to pay their debts, but who desire to use their best efforts and good faith to pay their debt in installments over a period of three to five years subject to the protection afforded by the Chapter 13 rules. Some of the most important reasons for filing a Chapter 13 bankruptcy is to stop a foreclosure on your real estate, to catch up on your payments on your vehicle, to lower the interest rate and payments on your vehicle, to stop garnishments, and to pay past due taxes. You can also include student loans, back child support, and maintenance obligations in Chapter 13 bankruptcy, however, those debts may not be fully discharged at the completion of your plan.
Under Chapter 13, you will propose a plan with the court to repay your creditors in full or part of the money that you owe them using your future earnings or government benefits such as social security and disability. You are protected from your creditors in most cases upon the filing of your case, but your plan must ultimately be approved by the court.
Under Chapter 13, unlike Chapter 7, you may keep all of your property both exempt and non-exempt, as long as you continue to make your payments under the plan. After the completion of the plan, most of your debts are discharged except certain domestic support obligations, student loans, and certain taxes.
When you call to make your initial appointment, we will ask you to bring with you all of your bills, including car statements, mortgage statements, tax bills from IRS, student loan statements, and any other bill or demand for money that you may be receiving. We will also ask you to bring your last two pay stubs from work or proof of your other income such as social security or military retirement. Finally, we will ask you to bring with you any foreclosures, garnishments, or other state court actions that have been taken against you either currently or in the past.
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If you have any questions regarding these matters or are considering violating any of the recommendations, please discuss the matter with my office so that we may properly advise you of the possible consequences.
The following is a list of things you should be doing and not doing while we prepare to get your case filed, or while you are actively considering a bankruptcy or Chapter 13 filing. Please read the lists very carefully and abide by the recommendations made. Failure to follow these instructions may result in delay, significant expense, or loss of property in your case. It may, in some cases, even result in the bankruptcy relief being denied by the court.
Save all financial documents including
Use any of your money to pay relatives, friends, or other "insiders" back for loans that you owe them for.
Accept any gift of property of significant value prior to your case being filed without talking to your lawyer first.
Give away any of your belongings or do any other significant transactions.
Pay ahead or pay off balances on secured loans (loans for which there is collateral).
Use any credit cards or take any other loans out.
Pay any debts you will be eliminating in the bankruptcy.
W-2s or other evidence of income
Most recent billing statement from each creditor
If you have a mortgage or car payment and you intend to keep the house or car, you must remain current on the payment. Most other debts should not be paid right before a bankruptcy or Chapter 13. Ask my office about any special situations.
Please alert my office if you are not current on a loan with collateral at the time that we are preparing your case for filing.
Materials on this website are for informational purposes only. These materials do not constitute legal advice, should not be considered as legal authority, and do not create an attorney-client relationship. You should not act or rely upon these materials without seeking professional counsel. Sending e-mail also does not establish an attorney-client relationship. An attorney-client relationship can only be established by mutual written consent with an attorney. Unless and until an attorney-client relationship is established, e-mail and other communications sent may not be privileged.