Bankruptcy · Chapter 13
Chapter 13 Bankruptcy Attorneys
Stop foreclosure, save your home, and pay back what you can under a single court-supervised plan that typically runs three to five years.
Are these the kinds of issues you face? Debt spiraling out of control. Falling behind on payments. Trying to save a business or property. Late charges and rising interest rates. Harassment from collection agents. Facing foreclosure. Needing to modify car payments. Trying to eliminate a second mortgage. If any of this sounds familiar, restructuring under Chapter 13 protection may be the right option.
Personal Attention. Real Plans.
Our firm gives every client the personal attention they need. We sit down with you, evaluate your situation honestly, and help you chart a new path to a stable financial future. For clients who want to keep their assets or who need help finding a workable repayment plan, Chapter 13 lets you restart and rebuild without losing what you've worked for.
Since 1989, we have filed 27,374+ Chapter 13 cases, and our bankruptcy cases are overseen by attorney Miriam Marenco, head of our bankruptcy department.
How a Chapter 13 Plan Works
Chapter 13 reorganizes your debts into one monthly payment to a court-appointed trustee, who pays your creditors under a plan the court approves. The plan lasts three or five years, depending on your income, and your first payment is due within 30 days of filing.
The payment is built around what you can actually afford: your income, minus reasonable living expenses. Debts you want to keep paying, like your mortgage arrears and your car, are handled through the plan. Unsecured creditors often receive only a portion of what they are owed, and when you finish the plan, the remaining eligible balance is discharged.
What Chapter 13 Can Do That Chapter 7 Cannot
- Stop a foreclosure and cure the arrears. Catch up on missed mortgage payments over the life of the plan while you keep making your regular payments.
- Lower some car payments. If you bought your car more than 910 days before filing, the loan balance can often be reduced to the car's current value.
- Remove an underwater second mortgage. When your home is worth less than you owe on the first mortgage, a second mortgage or home equity line can often be stripped off and treated as unsecured debt.
- Protect cosigners. The codebtor stay shields family members who cosigned your consumer debts while your case is open.
- Keep property Chapter 7 might not protect. Non-exempt property stays with you, and you pay its value through the plan instead.
- Pay tax debts over time. Priority tax debts can be paid in full through the plan while collection stays on hold.
Protect Your Home, Car, and Future
In South Florida, rising insurance premiums, property taxes, and interest rates can push a family that was getting by into late mortgage payments, overdue credit cards, and late charges fast. We've seen the good that Chapter 13 can do for families who need a second chance.
We work with you at every step: hands-on care, real availability, no being passed off. For clients who just need help getting back on the path to timely payments and good credit, Chapter 13 protection can be the solution that lets you keep your home, cars, property, and savings.
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We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Common Questions
Chapter 13 Bankruptcy Questions, Answered
How long does a Chapter 13 plan last?
Three or five years. If your household income is below the Florida median for your household size, the plan can be as short as three years. If it is above the median, the plan generally runs five years.
Can Chapter 13 stop a foreclosure sale in Florida?
Yes, if you file before the sale takes place. Filing triggers the automatic stay, which stops the scheduled sale. The plan then lets you catch up on the missed payments over three to five years while you keep your home.
Do I have to pay back all of my debt?
No. Most plans pay unsecured creditors, like credit cards and medical bills, only a portion of what is owed, based on what you can afford. Secured debts you want to keep and certain priority debts, like recent taxes and support, are paid in full through the plan.
What happens if I miss a Chapter 13 payment?
Call us right away. A missed payment does not automatically end your case, and in many situations the plan can be modified if your income drops or your expenses change. Ignoring missed payments, however, can lead the trustee to ask the court to dismiss the case.
Can I keep my car in Chapter 13?
Yes. Your car stays with you, and if you bought it more than 910 days before filing, the loan can often be reduced to the car's current value, which can lower your payment. A car bought more recently can still be kept and paid through the plan.
Can I file Chapter 13 if I already filed Chapter 7?
Yes. You can file Chapter 13 after a Chapter 7, but you cannot receive a Chapter 13 discharge if you received a Chapter 7 discharge in a case filed within the previous four years. Many clients use Chapter 13 after a Chapter 7 to deal with a mortgage or tax debt that remains.
Is Chapter 13 better than Chapter 7?
It depends on your goals and income. Chapter 7 is faster and works well when your assets are protected and you pass the means test. Chapter 13 is usually better when you are behind on a mortgage or car, have property Chapter 7 would not protect, or earn too much for Chapter 7. We compare both at your free consultation.
Schedule a Free Consultation
Take advantage of our free initial consultation and flexible payment options. Sit down with one of our attorneys to discuss whether Chapter 13 or another bankruptcy option is right for you. Call 305-267-3376 or schedule online. We also assist Spanish-speaking clients.
Related Practice Areas
Chapter 7 Bankruptcy
Discharge most unsecured debt outright in a matter of months, when you don't need a long-term repayment plan.
Save Your House and Cars
Bankruptcy exemptions protect more than most clients realize. Find out what stays yours.
Foreclosure Defense
Filing Chapter 13 is one of several ways to stop foreclosure. Modifications and short sales are also options.