Brooklyn Chapter 13 Bankruptcy Lawyer

When unexpected events like major medical bills or a lost job trigger unmanageable debt, simply hoping for the best is not enough. What you really need is a structured, manageable path back to financial stability.

Chapter 13 bankruptcy, often called the “wage earners’ plan,” offers that solution. This chapter allows individuals and families with a steady income to keep their property by reorganizing their debts into a single, structured repayment schedule that lasts three to five years.

At the Law Office of Gregory Messer in Brooklyn, we create and file effective Chapter 13 plans to immediately stop creditor harassment and put our New York clients back on their feet.

Who Is A Good Candidate For Chapter 13 Relief?

This program suits debtors who are earning a steady income but have fallen behind on obligations due to a divorce, temporary job loss, medical crisis or accident. Many people live paycheck to paycheck, and even a few months of financial hardship can create a financial hole that requires assistance to overcome.

Individuals and families who earn more than the means test limit for Chapter 7 bankruptcy are often good candidates for Chapter 13, provided they have disposable funds available on a regular basis. Individuals unable to file for Chapter 7 relief because of a relatively recent debt discharge may also utilize Chapter 13.

Eligibility Guidelines For Chapter 13 Bankruptcy

To be eligible to file for Chapter 13 relief, a person must meet specific guidelines regarding their debt levels. Generally, you must have:

• Secured debts, such as mortgages and car loans, that are less than a statutory limit (e.g., $1,580,125, as of the last adjustment)
• Unsecured debts, including credit cards and medical bills, that are less than a statutory limit (e.g., $526,700, as of the last adjustment)
• A regular source of income to fund the repayment plan
• No prior Chapter 13 petition dismissed within the last 180 days, for certain reasons

These amounts are subject to change and should be confirmed with an attorney.

Benefits Of Filing For Chapter 13 Bankruptcy

Filing for bankruptcy under Chapter 13 is highly beneficial. It gives you the opportunity to protect your most important assets while securing a fresh financial start.

Key benefits of a successful Chapter 13 filing include:

• Stop foreclosure: Filing the petition immediately stops a foreclosure. Your repayment plan allows you to cure delinquent mortgage payments and may let you modify the terms of your mortgage to fit your budget.
• Asset protection: You keep many of your assets, including your home and car, as long as you make your required monthly payments on time.
• Protection for co-signers: Chapter 13 shields family members, business partners and loan co-signers from losses resulting from your bankruptcy.
• Debt elimination: Repayment plans generally last from three to five years. Any obligations that remain at the end are legally eliminated, provided you have successfully followed the terms of the plan.

Achieving these benefits requires navigating structured legal steps.

The Chapter 13 Bankruptcy Process

Upon filing for Chapter 13 bankruptcy, you immediately gain relief from collection actions. The process involves several key steps:

• Automatic stay: The Bankruptcy Court immediately issues an automatic stay. This order bars creditors from calling you, demanding payment or threatening to cancel utilities or other services.
• Plan submission: Our firm submits a detailed repayment plan that is sent to your creditors.
• Trustee appointment: The court appoints a trustee to oversee your case.
• 341 meeting: You are required to appear at the meeting of creditors. Attorney Gregory Messer will represent you at the meeting and address any creditor objections that arise.
• Court approval: The plan may undergo modifications before it is presented to the court for final approval.
• Post-confirmation peace: Once the plan is approved, you do not have to worry about creditor harassment as long as you follow the terms of the plan and make payments to the trustee.

Successfully navigating these steps is often too risky to attempt without experienced legal representation.

Do You Need An Attorney To File Chapter 13 Bankruptcy In Brooklyn, New York?

Yes, you absolutely need an attorney to file Chapter 13 bankruptcy.

Chapter 13 is a complex and highly technical legal proceeding. Attempting to face the requirements, paperwork and court system without legal help often leads to the failure or dismissal of the case. When a case is dismissed, you lose the protection of the automatic stay, and creditors immediately regain the ability to seize your property or restart foreclosure actions.

You need an experienced attorney to ensure your rights are protected and that your plan meets all the necessary legal tests for court confirmation.

Why Hire A Chapter 13 Bankruptcy Attorney From The Law Office of Gregory Messer In Brooklyn, New York?

The Law Office of Gregory Messer offers comprehensive legal support for your Chapter 13 filing. We provide the expertise necessary to build a successful plan that saves your most critical assets.

Our firm provides crucial legal support by offering:

• Unrivaled experience: Attorney Gregory Messer is board-certified in consumer bankruptcy and has over 45 years of experience handling bankruptcy petitions in New York.
• Unique insight: Mr. Messer has represented both debtors and creditors in bankruptcy proceedings, giving him the unique knowledge needed to construct a viable repayment plan that maximizes your chances of keeping your home and assets.
• Personalized counsel: We ensure your rights are protected and provide knowledgeable, personalized counsel to help you manage the stress of the bankruptcy process.
• Feasible plan construction: We develop a plan that is designed to satisfy the court’s requirements while also providing you with a realistic, manageable payment schedule.

Trust our experience to guide you through this critical process successfully.

Contact A Dedicated New York Chapter 13 Bankruptcy Lawyer For A Free Consultation

If you are struggling with debt and need a fresh start, contact the Law Office of Gregory Messer.

Reach out to us online or call us at 347-943-8475 to schedule a free initial consultation regarding Chapter 13 bankruptcy. Our office is conveniently located across the street from the U.S. District Bankruptcy Court in Brooklyn and is close to the Borough Hall and Court Street subway stations. We serve residents across New York City and Queens.

To ensure every client’s filing receives the attention it deserves, we are an appointment-only law firm with flexible hours to fit your needs.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.