Chapter 13 Process, Deadlines, and Filing

For some individuals buried in debt, filing Chapter 13 bankruptcy is one way to allow them to get back control of their lives.  Chapter 13 Bankruptcy is most known for helping people whose homes are entering the foreclosure process, since the automatic stay provision halts the creditor action with regard to the home.   As part of a Chapter 13 filing, you’ll create and commit to a repayment plan, which can be very effective in keeping your home and possessions so long as you stick with the plan.

After you complete the process of filing a petition for Chapter 13 bankruptcy, a repayment plan will be set up. The repayment plan typically lasts between 3 and 5 years. Knowing your circumstances and the protocol surrounding a Chapter 13 filing can make a difference in your case.  Experienced lawyers like Cynthia R Clausen can make the complex process of a Chapter 13 Bankruptcy seem simple and alleviate your concerns and allow you to generate a plan that works for you.

There are several deadlines to keep in mind if you have already filed bankruptcy in the past.

  • Those who have previously filed a Chapter 7 Bankruptcy within the past four years will be denied a Chapter 13 bankruptcy.
  • If you have previously filed for Chapter 13 bankruptcy, you must wait for a full two years before completing the petition again.


Considering a Northern Kentucky Chapter 13 Bankruptcy?

With regard to Chapter 13 bankruptcy, the 180 days prior to filing date, there are some important details to remember.  Prior to filing your bankruptcy, you need to complete a course or briefing with a credit counseling agency. This basic course will need to be completed within 180 days prior to your petition.  If you have had a bankruptcy case within the last 180 days where you requested a voluntary dismissal or a case that was dismissed by the court, you must wait until a full 180 days later to file your new case.

Filing For Chapter 13 Bankruptcy in Northern Kentucky

  • In the 90 days before your filing, you must be a resident of the state in which you will file.
  • Your case begins when you complete an official petition, which will initiate automatic stays.
  • The court will submit notice of your case to all the creditors listed in the action and assign a trustee to your case.
  • Within 15 days after filing your petition, you must provided requested financial documentation to the court and your suggested repayment plan for your debts.
  • Generally around 15 days after you have filed, you will receive notice of the meeting scheduled with your creditors.
  • 30 days from the date when your repayment plan was filed, you must begin making payments towards your debts.

If you’re ready to take the next step with Cynthia R Clausen your Boone County Chapter 13 bankruptcy contact.  Call our offices today to learn more about your options and your rights before you petition.