Chapter 13

Florida Chapter 13 Bankruptcy Lawyers

Is Chapter 13 Right for You?

The decision to file bankruptcy is never easy and during this time most people are met with a high level of uncertainty. Most bankruptcies filed in the United States are either Chapter 7 or Chapter 13 cases. Determining which one is right for you is based on a variety of factors, including assets, debts, income level, and your financial goals. Meeting with an experienced bankruptcy attorney will help you determine which one is right for you.

What Is Chapter 13 Bankruptcy?

Chapter 13 is a reorganization bankruptcy designed for individuals with a steady income that can pay back at least a portion of their debts through a repayment plan. People who don’t qualify for a Chapter 7 often qualify for Chapter 13 bankruptcy. If your income is irregular or too low, it may not be feasible to file for Chapter 13. In Chapter 13, you get to keep all of your property, including nonexempt assets. In turn, you pay back a percentage of your debts through a repayment plan.

Did you know, filing for Chapter 13 bankruptcy:

  • Will stop almost any lawsuit (including the foreclosure process) in its tracks
  • Will stop your wages from being garnished
  • Will stop creditor harassment
  • May provide an opportunity to obtain a mortgage modification
  • Allows for one monthly payment to the trustee (only what you can afford)
  • Can discharge your debts (a fraction of what was initially owed)

Learn more by downloading our eBook, What Are the Benefits of Filing for Bankruptcy?

“Was recommended to Dellutri by another firm and I was not let down. From the consultation to post filing my case, the entire staff have been diligent in getting me where I need to be or answering my questions. Carmen Dellutri is a delight to be around, EXTREMELY knowledgeable and makes one comfortable in a stressful situation. If I, or anyone I know ever needs a bankruptcy lawyer, Dellutri will always be the #1 choice.”
-A.A.

Read more of our success stories by clicking here.

The Chapter 13 Reorganization Plan

The most important part of your Chapter 13 paperwork will be the reorganization plan. Your reorganization plan will demonstrate to the court, the Chapter 13 bankruptcy trustee, and your creditors how you will resolve your debts.

In bankruptcy, we deal with three classes of debts:

  • Unsecured priority
  • Secured non-priority
  • Unsecured non-priority

Unsecured priority debts must be paid over the life of the Chapter 13 plan. Priority claims include—but are not limited to—alimony, child support, and some tax debts.

Next you have secured creditors. Secured creditors hold collateral to make sure the loan is repaid. If you don’t make your car payment, your lender can repossess your car. If you don’t pay your mortgage payment, your lender can foreclose on your home. In bankruptcy, the rules are pretty simple, if you want to keep it, you have to demonstrate that you can pay for it. If you want to surrender it, surrender it and walk away from it.

Lastly, the third category of creditors is the unsecured non-priority creditors. These creditors consist of medical bills, personal loans, credit cards, etc. They are at the bottom of the list when it comes to creditors. If any creditors are NOT going to get paid, these are the first ones on the chopping block. They have no collateral to secure their loans, so they have a very weak position in bankruptcy court.

However, each Chapter 13 plan must deal with each category of debts a consumer has and must be in conformity with the bankruptcy code.

Hiring the Dellutri Law Group for a Chapter 13 Bankruptcy

Have questions about how The Dellutri Law Group, PA will handle your Chapter 13 case? Great! We love that you asked!

At The Dellutri Law Group, PA we know that the stress leading up to a bankruptcy filing can be overwhelming and that your road to financial freedom should be as smooth as possible, which is why our Chapter 13 team is dedicated to walking you through the entire bankruptcy process.

Meet your bankruptcy team here!

When you hire The Dellutri Law Group, PA to handle your Chapter 13 bankruptcy, we begin the process of working with you to ensure your bankruptcy goes as smoothly as possible. We don’t want you to think that filing for bankruptcy is all kittens and rainbows; there is going to be a lot of work on your end, as well. The paperwork that comes with filing for a Chapter 13 reorganization can seem a little overwhelming at first. However, our pre-filing department has spent thousands of hours perfecting this process. We know everyone operates a little differently, so we offer multiple ways for you to complete this part. We discuss this as part of your complimentary strategy session.

Once your information is collected, your case moves to our filing department. During this phase of the Chapter 13 bankruptcy process, your information is thoroughly reviewed. It is not uncommon to receive a phone call (or two) from our team to clarify information submitted and set you up with an appointment to come in for what we call a “signing appointment.” At your signing appointment, we will go over your bankruptcy petition, schedules, and other related documents, as well as answer any last-minute questions before your case is filed electronically with the bankruptcy court.

After your signing appointment, you will be contacted by our post-filing department. (We know this seems like a lot of departments, but we fully believe in the old saying, “a jack of all trades is a master of none.” Each member of our team is the master at their own roles, giving them the knowledge, speed, and accuracy to best serve our clients). This department will guide you through the rest of your Chapter 13 bankruptcy process.

The post-filing department will also notify you of something called a meeting of creditors. Our office will give you notice of your meeting of creditors in advance. On the day of your scheduled hearing, one of our attorneys will be there to represent you in front of the trustee. During this hearing the trustee will be verifying that all of the documentation you have submitted is true and correct and may have a few other questions about your Chapter 13 plan. Most of the time, this meeting only lasts for roughly five minutes!

Your Chapter 13 bankruptcy will be discharged once all of your payments have been made to the trustee. Depending on your plan, this could take anywhere from three to five years.

How Long Will My Reorganization Plan Last?

This depends on your individual circumstances and a few other factors. Your reorganization plan can be anywhere from three to five years, depending on your average monthly income over the six months prior to the date you filed for bankruptcy.

Are you wondering if you even qualified to file for Chapter 13 bankruptcy? Maybe you are wondering if this is even the right option for you.

Call us now at (800) 391-4337 to schedule your complimentary strategy session!

"Nearly 15 years ago I found the Dellutri Law Group thanks to a Yellow Pages ad when seeking help for the incredible debt I had accumulated moving out on my own as a 20 year old. Having newly purchased my first home, I was working two jobs to make ends meet and barely had enough to cover the high-interest rate credit card payments, let alone groceries. After seeking help from Dellutri Law Group, I was honestly amazed that attorney Carmen Dellutri took the time to explain the bankruptcy process the way he did (in a way that did not make me feel even more embarrassed or ashamed about my circumstances). I filed for Chapter 13 and paid off my debts thanks to Carmen and the team at Dellutri Law Group's advice. All of these years later I am happy to share that my credit score is stellar and I've never forgotten the first-class service received by the Dellutri Law Group. We all make mistakes in life and being able to seek help from professionals to guide us when we need it most is so important. Please do not hesitate to research information that Dellutri Law Group posts on their website or LinkedIn about debt, bankruptcies, personal injury law, etc. Investing in a professional can in the long run set you up for sincere success, as it did for me. Thanks Carmen, et al at Dellutri Law Group!"
- R.T. (Google Review)

Chapter 7 vs. Chapter 13

We know that the decision to consider filing bankruptcy is never easy and is usually made after all other available options have been eliminated. Usually, our clients have done some research on their own before considering setting up a complimentary strategy session.

Here’s what you need to know!

Chapter 7 is designed to help the honest but unfortunate debtor discharge all his or her dischargeable debts. The debtor must first qualify for Chapter 7 by passing the means test. Assuming the debtor qualifies for Chapter 7, we look at all their income, expenses, assets, and debts. The most important factor is the debtor’s assets. The assets can be exempted (protected) by the debtor based upon available statutes, which ultimately protects these assets from creditor’s claims. Assets not claimed as exempt are subject to liquidation by the bankruptcy trustee. Once those assets are liquidated (turned into cash), the trustee uses that money to then pay the creditors.

Chapter 13 bankruptcy is known as a reorganization bankruptcy wherein a debtor proposes a plan of reorganization. The plan demonstrates to all the debtor’s creditors how their claims will be treated under the plan. Creditors can object to their treatment under the plan if they believe they are being treated unfairly. The person filing Chapter 13 must also be able to fund the plan. Usually he or she will do this with future wages that will be earned after they file. Accordingly, they must present a feasible budget to the court, which demonstrates their ability to meet all of their monthly obligations and still be able to make a payment to the bankruptcy trustee pursuant to the Chapter 13 plan.

There are many reasons why an individual would file a Chapter 13 rather than Chapter 7. At The Dellutri Law Group, PA, we believe you should never go through the bankruptcy protection process alone and that consulting an experienced bankruptcy attorney is a vital part of the bankruptcy process. Over the years we’ve seen many mistakes made in the bankruptcy court that could have been avoided had the individual discussed their situation with counsel before filing.

Thinking about discussing your situation with a professional? What are you waiting for? Contact our Florida Chapter 13 bankruptcy lawyers today at (800) 391-4337.

The Dellutri Difference

  • A Healthy Firm Culture

    When our employees are happy to come to work, we know that they are capable of overcoming any challenge on behalf of our clients.

  • Service Tailored to Your Needs

    We sincerely care about each and every one of our clients and refuse to treat them like a case file to be passed from person to person.

  • Communication You Can Count On

    We believe that our clients deserve clear and consistent communication every step of the way, without any unnecessary "legalese."

  • A Culture of Philanthropy

    In order to give back to our community, each employee at our firm is granted the opportunity to sponsor a charitable cause of their choosing.

  • Experience & Passion on Your Side

    Our dedicated team of lawyers, paralegals, assistants, & staff have been fighting on behalf of our clients since 1998.

Get a Complimentary Strategy Session

Our firm is singularly focused on our clients and will stop at nothing to fight for the future that they deserve. Let us fight for your future next.

Meet Your Attorneys

Committed to Making Our Community a Better Place
  • Carmen  Dellutri Photo
    Carmen Dellutri

    Attorney

    If you know Carmen Dellutri, you know he is passionate about a lot of things. He gives back often- to his community, his employees, and his loved ones. Carmen has mentioned time and time again that the reason he became an Attorney, and specifically a Personal Injury and Bankruptcy Attorney, is because he loves to help others.
  • Amanda  Downing Photo
    Amanda Downing

    Attorney

    Amanda Downing doesn’t mince words and says what she means when it comes to the opposing side. She has the biggest heart and will fight tooth and nail to bring justice for her clients. “I hate having to go to bat for those victims, because they never should have been put in that situation to begin with. It’s just completely unfair.”
  • David  Lampley Photo
    David Lampley

    Attorney

    David Lampley is a father of four. He knows that becoming a father has strengthened his professional life. He has greater compassion for parents who have to move life around to accommodate their children. “I wish other attorneys would remember that people who come to them looking for advice are parents too, just trying to do what is best for their families.”

  • David W. Fineman Photo
    David W. Fineman

    Attorney

    Before David W. Fineman became an attorney, he was a deputy for CCSO and PGPD. David’s lifelong devotion to helping others, mixed with his empathy for people going through hard situations, is what makes him a fantastic attorney. Being a man of his word is something David stands by and you can always count on him to get the job done and get it done right!
  • Joe  LoTempio Photo
    Joe LoTempio

    Attorney

    Joe LoTempio is referred to as the office superhero to many of our clients who need defending against evil creditors in our consumer protection department. Joe has always had a passion for standing up for those who need a voice, protection, and justice after being taken advantage of, so it’s no shock as to why he decided to go into consumer law.
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