Compassionate Debt Relief Assistance in Phoenix, AZ
Debt often becomes insurmountable due to circumstances beyond your control. An unexpected loss of income, an injury requiring costly medical attention, or a wave of unavoidable expenses can quickly put you underwater and leave you struggling to keep up with your bills and obligations.
When you have considerable income but still face mounting debt, Chapter 13 bankruptcy can give you the opportunity to consolidate debt, reorganize your finances, and obtain a fresh financial start. A Glendale Chapter 13 bankruptcy lawyer can help you make the most of your filing and give you the tools and flexibility you need to regain control of your finances.
At The Law Office of Larry P. Karandreas, I will work with you one-on-one to determine if Chapter 13 bankruptcy is right for you. I can help develop a strategy for efficiently addressing and eliminating your debt.
I have nearly 30 years of legal experience in this field and can assist you in creating a financial plan that will satisfy your creditors and the Bankruptcy Court. My commitment to assisting clients with debt relief also resulted in my receiving the “Recognition of Excellence Award” from the Phoenix Chapter 13 Trustee.
Is Chapter 13 Bankruptcy Right for Me?
Chapter 13 bankruptcy may be the right choice for you if you currently have a steady rate of income but still face growing debt. Chapter 13 involves reorganizing your debts and partially repaying creditors over several years.
Many filers fall behind on mortgage, vehicle, and credit card payments due to the unplanned introduction of another obligation, such as medical debt. In these situations, you are likely not looking to lose your home, vehicle, or other valuable assets, which may occur if you choose to pursue Chapter 7 bankruptcy.
Chapter 13 bankruptcy skips Chapter 7’s liquidation process. This means you will generally not lose any property as a result of the process.
If you currently have little to no income and do not wish to commit to that sort of repayment plan, Chapter 7 bankruptcy may make more sense for you. Additionally, filing for bankruptcy is not necessarily the right choice for everyone.
He was on my case from start to finish. Mr. Karandreas was quick to respond to emails or return phone calls. I would highly recommend Mr. Karandreas.C.G.
Chapter 13 bankruptcy is available to individuals and small non-corporate and non-partnership businesses.
As soon as you file, you will benefit from the Bankruptcy Court’s automatic stay, an order that temporarily pauses all collection actions. This order generally remains in effect until your bankruptcy case has concluded.
Creating a Repayment Plan
Filing for Chapter 13 bankruptcy involves entering into a formal negotiation with your creditors to develop a payment plan tailored to your budget. Your existing debts will be consolidated into a single lump payment that must be made monthly over a period of 3 to 5 years.
The size of this monthly payment is governed by your current ability to pay, not the total size of your debt.
Upon completing your Chapter 13 payment plan, most filers will be able to discharge any remaining unsecured debts.
This means your the following debts can be eliminated:
- Credit card debt
- Medical debt
- Personal loans
- Unpaid utility bills
However, you will not be able to discharge:
- Recent tax debt
- Spousal support
- Court-ordered payments
- Student loans (unless you can establish undue hardship)
Protecting Your Home or Vehicle
While you can eliminate your personal liability for your mortgage, vehicle loan agreement, or other types of secured debts, doing so will likely result in your losing the underlying asset.
Fortunately, an experienced Glendale Chapter 13 bankruptcy attorney can help you leverage your filing to protect your home, vehicle, and other property while still addressing your debt. I can review your specific circumstances and advise what Chapter 13 bankruptcy can help you accomplish.
If you fall more than 2 months behind on your mortgage payments, your bank or lending institution may move to foreclose and sell your home. With the right timing and strategy, filing for Chapter 13 bankruptcy can help you avoid foreclosure and keep your home.
When a foreclosure is imminent or already in progress, filing for bankruptcy will halt the process via the automatic stay. Generally, the sooner you file, the better, as your lender may seek special permission to proceed with the foreclosure if an auction was already scheduled.
A Chapter 13 bankruptcy payment plan can help you cure mortgage arrears. In many cases, you will be able to remain in your home throughout the multi-year Chapter 13 process. Once your payment plan is completed and you have made all post-petition mortgage payments in a timely manner, your pre-petition arrears should be cured. This should eliminate any threat of foreclosure and allow you to keep your home.
In certain circumstances, a Chapter 13 bankruptcy can also facilitate the complete elimination of a second mortgage or home improvement loan. Upon successfully completing your Chapter 13 payment plan, the second lien on your home should be removed. I have an excellent track record of helping clients remove mortgage liens in bankruptcy, allowing them to move closer to establishing or improving existing equity in their homes.
Stopping Repossession Through Chapter 13 Bankruptcy
Filing for Chapter 13 bankruptcy will temporarily prevent any imminent repossession of your vehicle or any other financed property. The process’s payment plan can also help you cure defaults on your vehicle loan. Once your plan has been successfully completed, your vehicle loan should be satisfied, and any liens on the vehicle will be released. Your vehicle should then be fully yours, free and clear of any pre-filing lien.
In certain circumstances, Chapter 13 bankruptcy can allow you to pay the lesser of the fair market value of your vehicle or the total debt owed on the vehicle loan, often with a low rate of interest based on the current prime rate. If repossession has already taken place, promptly filing for Chapter 13 bankruptcy can stop a pending sale and allow you to recover your vehicle.
Eliminating Tax Debt Through Chapter 13 Bankruptcy
Under certain circumstances, tax liabilities can be discharged in a Chapter 13 bankruptcy. In circumstances where no tax lien has been filed, certain tax debts can be paid over time with no interest or penalties, which, on the successful completion of your Chapter 13 plan, can be eligible to be discharged.
If a taxing authority has filed a tax lien, you must pay the value of the property to which the lien extends, with interest. Still, paying tax liabilities through a bankruptcy plan can be extremely advantageous and help you more efficiently address this type of debt. I can review your tax liabilities and determine what taxes you may be able to discharge in a Chapter 13 bankruptcy.
Protecting Your Assets in a Chapter 13 Bankruptcy
If you are considering bankruptcy, you might be worried about losing valuable assets during the process. Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy does not involve liquidation, meaning your nonexempt property will not be sold to repay creditors.
A Chapter 13 bankruptcy plan can also allow you to keep valuable, financed assets. You may be able to negotiate the payment of a percentage of their value over time on a pro rata basis. In certain situations, when you owe priority debts like tax debts or spousal support debts, you can retain all of the value of the unprotected asset without paying any additional money through the plan. I can help you explore your options in these scenarios.
Debt Negotiation Alternatives
If filing for Chapter 7 or Chapter 13 bankruptcy does not make sense for your situation, The Law Office of Larry P. Karandreas can assist with other debt relief strategies, including direct negotiation with your creditors. Debt negotiation tends to work best when you have a small number of creditors and can pay a lump sum cash settlement to cover their claims. Settlement amounts can range from 10% to 50% of the amount originally owed.
Debt negotiation will not always be practical. Creditors will generally want to be paid in a lump sum in lieu of renegotiated monthly payments. If you do not have the resources to make a lump sum payment, this strategy may not prove successful.
Direct debt negotiations and partial forgiveness can also result in taxable events. Discharging debts through bankruptcy does not generally constitute a taxable event, and the forgiven debt is not considered taxable. However, when an individual debtor forgives some or all of a debt, the difference between what you owe and what was ultimately paid can often be taxed, leading to surprise tax bills and consequent tax debt.
A professional Glendale Chapter 13 bankruptcy lawyer can assist you in exploring all of your debt relief options. I can leverage my decades of experience to develop a bankruptcy plan that best protects you while complying with all legal requirements. If Chapter 13 bankruptcy is not right for you, I can assist you with filing for Chapter 7 or explore other debt relief tools and mechanisms.
A Bankruptcy Lawyer Who Cares
With an over 90% success rate, Attorney Larry Karandreas takes your case seriously. He personally handles all client correspondence, never overbooks his schedule, and makes sure every client receives his full attention.
Limited Caseload to Ensure Personalized Attention
Attorney Karandreas ensures that his caseload is not overloaded in order to provide top-quality care and attention to each of his clients.
Little to No Money Down on Bankruptcy Filings
We offer as low as $0 down on Ch. 13 filings and as low as $700 on Ch. 7 filings for qualifying cases.
Nearly 30 Years of Bankruptcy Experience
Although Attorney Larry Karandreas has done other areas of law, he is focused on providing top quality bankruptcy services because he gets to help people with particularly challenging cases.