Naples Chapter 13 Bankruptcy Lawyer

Naples Chapter 13 Bankruptcy Lawyer

Seeking Debt Relief Through Repayment Plans

In Naples, many consumers and business owners seeking relief from debt choose to file bankruptcy under Chapter 13 of the U.S. Bankruptcy Code.

Known as “reorganization bankruptcy” Chapter 13 offers debtors a chance to create a court-approved repayment plan in which their debts are reorganized and consolidated into a single payment. For those with steady income who don’t qualify for Chapter 7, Chapter 13 is a viable option for paying down at least some debt and obtaining a meaningful debt discharge.

At The Dellutri Law Group, PA, we’ve helped consumers across Collier County and Southwest Florida through a range of bankruptcy proceedings, including Chapter 13. From helping create repayment plans to navigating court processes, paperwork, and requirements, we offer the step-by-step support you need as embark on the road to better financial health.

Our Naples Chapter 13 bankruptcy lawyers can review your case, options, and how we can help during a consultation. Call (800) 391-4337 or contact us onlineto request yours.

How Chapter 13 Bankruptcy Works

Chapter 13 bankruptcy, often referred to as a "wage earner's plan" or “reorganization bankruptcy,” allows individuals with regular income to develop a plan to repay all or part of their debts over three to five years. Unlike Chapter 7 bankruptcy, which involves liquidating non-exempt assets to pay off creditors, Chapter 13 focuses on reorganization and creating a manageable repayment plan.

Under Chapter 13, you will propose a repayment plan to make installments to creditors over the length of the plan. During this period, creditors are prohibited from starting or continuing collection efforts. Once the repayment plan is completed, any remaining eligible debts are typically discharged, giving you a fresh financial start.

Benefits of Chapter 13 Bankruptcy

Chapter 13 bankruptcy offers numerous benefits for individuals and families struggling with overwhelming debt, including:

  1. Debt Reorganization. Chapter 13 allows you to reorganize your debts into a manageable repayment plan. Instead of facing multiple creditors and different payment schedules, you consolidate your debts into one monthly payment made to a bankruptcy trustee. This simplifies your financial obligations and makes it easier to stay on track.
  1. Protection of Assets. One of the most significant benefits of Chapter 13 is the ability to keep your property, including your home and car. As long as you adhere to the repayment plan and make scheduled payments, you can avoid foreclosure and repossession.
  2. Automatic Stay. Upon filing for Chapter 13 bankruptcy, an automatic stay is issued, halting most collection actions by creditors. This means creditors must stop calling, sending letters, filing lawsuits, garnishing wages, or pursuing foreclosure. The automatic stay provides immediate relief and gives you breathing room to catch up on missed payments, protect assets, and work on your financial recovery.
  3. Debt Discharge. At the end of your Chapter 13 repayment plan, any remaining eligible unsecured debts, such as credit card balances and medical bills, may be discharged. This means you are no longer legally obligated to repay those debts.
  1. Lower Monthly Payments. Chapter 13 can help lower your overall monthly debt payments. By spreading your debt repayment over three to five years and allowing you to structure a flexible plan based on your personal situation, you may benefit from reduced payment amounts and an easier time managing obligations.
  2. Protection for Co-Debtors. If you have co-signers on your debts, Chapter 13 bankruptcy can offer them protection from creditors as well. The automatic stay extends to co-debtors for consumer debts, preventing creditors from pursuing them while you are under the protection of the bankruptcy court.
  3. Improvement in Credit Score Over Time. While filing for bankruptcy will impact your credit score initially, successfully completing a Chapter 13 plan can demonstrate your commitment to repaying your debts. Over time, this can positively influence your credit score, making it easier to qualify for loans and credit in the future.

Who Can File for Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is designed for individuals and families who have a regular income but are overwhelmed by debt. It may be right for you if:

  • You have a steady source of income: You need regular income to qualify for Chapter 13, as you will be required to make monthly payments to a bankruptcy trustee.
  • You want to keep your property: Chapter 13 allows you to keep your home, car, and other significant assets by catching up on missed payments through the repayment plan.
  • You are facing foreclosure: Filing for Chapter 13 can stop foreclosure proceedings and give you an opportunity to cure delinquent mortgage payments over time.
  • Your debt exceeds Chapter 7 limits: If your secured and unsecured debts are too high to qualify for Chapter 7, Chapter 13 may be a viable alternative.
  • You have non-dischargeable debts: Certain debts, such as student loans or tax obligations, are not dischargeable under Chapter 7 but can be managed through a Chapter 13 repayment plan.

Do I Need an Attorney to File Chapter 13 Bankruptcy in Naples, FL?

While it is legally possible to file for Chapter 13 bankruptcy without an attorney, it is highly recommended to seek legal assistance. Bankruptcy law is complex, and the process involves numerous forms, detailed documentation, and strict deadlines. An experienced bankruptcy attorney can:

  • Assess Your Eligibility: Determine if Chapter 13 is the best option for your situation and explain the benefits and potential challenges.
  • Develop a repayment plan: Create a feasible and acceptable plan for repaying your debts that meets court requirements.
  • Navigate the legal process: Ensure all necessary paperwork is correctly filed and represent you in court proceedings.
  • Protect your interests: Advocate for your rights and help you avoid common pitfalls that could result in the dismissal of your case or loss of assets.

Chapter 13 Bankruptcy FAQ

How Long Does Chapter 13 Bankruptcy Take?

The repayment plan lasts between three to five years. The duration depends on your income level and the amount of debt you need to repay.

Will Filing for Chapter 13 Bankruptcy Stop Creditor Harassment?

Yes, an automatic stay goes into effect once you file, stopping most creditors from pursuing collection actions, including phone calls, letters, lawsuits, and wage garnishments.

Can I Include All My Debts in a Chapter 13 Plan?

Most types of debts can be included, but some, such as certain taxes, student loans, and child support, may have special considerations and may not be fully dischargeable.

What Happens if I Miss a Payment Under My Chapter 13 Plan?

Missing a payment can jeopardize your bankruptcy case. It is crucial to communicate with your attorney and the bankruptcy trustee immediately to explore possible solutions.

Can I Modify My Chapter 13 Plan if My Financial Situation Changes?

Yes, you can request a modification of your repayment plan if you experience a significant change in circumstances, such as job loss or medical expenses.

Explore Your Debt Relief Options Today

Our Naples Chapter 13 bankruptcy lawyers at The Dellutri Law Group, PA are committed to helping clients make the most of the protections and benefits provided by bankruptcy. If you have questions about filing for Chapter 13 bankruptcy in Collier County and how our experienced attorneys can help, we’re here to take your call.

Call (800) 391-4337 or contact us onlineto request a consultation.

The Dellutri Difference

  • Experience & Passion on Your Side

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

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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.
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    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.”
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    David Arens

    Attorney

    Bio coming soon!
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