Chapter 13 Howard Goodman


A debtor may file a chapter 13 bankruptcy for a variety of reasons. Your income may be too high to qualify to file a chapter 7 bankruptcy. You may have filed a chapter 7 bankruptcy within the last 8 years and may not be eligible to file another chapter 7 bankruptcy. You may be trying to stop foreclosure on your home or stop and automobile repossession. You may be trying to resolve tax issues that would not be resolved in other forms of bankruptcy. You may want to eliminate a second mortgage on your home if there is no equity in your home to which the mortgage may attach.

The chapter 13 process is administered by the Chapter 13 Trustee. As with a chapter 7 bankruptcy, a bankruptcy petition will need to be prepared along with a chapter 13 plan .You will need to appear in person before the Chapter 13 Trustee at a Meeting of Creditors which is generally scheduled about 30 days after your case is filed. Federal law requires that you attend the meeting and that you be sworn to tell the truth. The Trustee will have questions for you regarding the information in you Chapter 13 Bankruptcy Petition, your ability to make payments, changes that may have occurred since your case was file. Your creditors also have the right to appear and ask you questions while you are under oath.

Denver Bankruptcy Lawyer

The length of your payment to the Chapter 13 Trustee will vary depending on whether your income is above or below the median income. If you income is above the median income then, your payments with be for 60 months which is the maximum term of a chapter 13 bankruptcy. If you are below the median income, your payment will be for a minimum of 36 months, up to 60 months.

Generally, the Trustee and creditors will object to your chapter 13 plan for a variety of reasons. Perhaps the payment is not sufficient to pay your priority tax claims, mortgages arrears or minimum amounts to unsecured creditors. I work to resolve these issues on your behalf so that the chapter 13 plan can be confirmed by the Bankruptcy Court Judge.

Once your plan is confirmed, you will continue to send your payment to the Trustee for the duration of the Plan. At the end of the plan payments, the Chapter 13 Trustee will send you a letter and form to fill out called Chapter 13 Certification to Obtain Discharge. You must fill this out and sent it back to me for filing with the Bankruptcy Court.

Sometimes people want to specifically hire a Denver Bankruptcy Attorney or an Aurora Bankruptcy Attorney. I generally represent bankruptcy clients who live throughout the entire Denver Metro area which is why I have offices in Southeast Denver, Parker and downtown Denver.

Please call our office to set up a consultation, so we can determine the right course of action for you.