Brooklyn Chapter 13 Bankruptcy Lawyer Assists New York Clients

The wage earners’ way to pay off debts in three to five years

Chapter 13 bankruptcy allows debtors to keep their property by reorganizing their debts into a manageable repayment schedule. Under Chapter 13, debtors pay off their debts according to a repayment plan prepared by the Debtor, and approved by the bankruptcy court. Located in Brooklyn, The Law Office of Gregory Messer creates and files Chapter 13 plans to stop creditor harassment and put New York clients who have fallen behind on their bills on the path to financial stability. These plans generally last from three to five years. If the plan is approved, a court-appointed trustee receives a monthly payment from the debtor and distributes payments to creditors based on the term of the repayment plan.

Who is a good candidate for Chapter 13 relief?

Individuals and families who make more than the means test limit for Chapter 7 bankruptcy are eligible to file under Chapter 13 as long as they have disposable funds available on a regular basis. Individuals unable to file for Chapter 7 relief because of a relatively recent debt discharge might also utilize Chapter 13. Businesses are also eligible to file for bankruptcy under Chapter 13.

This program is well suited to debtors who are earning steady income but might have fallen behind on their obligations because of a temporary job loss, divorce, medical crisis or accident. So many people live from paycheck to paycheck that even a few months of financial hardship can create a financial hole that they cannot emerge from without assistance.

Benefits of filing for Chapter 13 bankruptcy

The biggest benefit of filing for bankruptcy under Chapter 13 is that it gives you the opportunity to keep your home rather than lose it to pay off your creditors. Filing a Chapter 13 bankruptcy petition stops a foreclosure and allows you to cure delinquent mortgage payments under your repayment plan while modifying the terms of your mortgage to fit within your budget.

Chapter 13 is also beneficial because it shields family members, business partners and loan co-signers from losses resulting from your bankruptcy. Additionally, it allows you to keep many of your assets as long as you make your monthly payments on time. Repayment plans usually last from three to five years and any obligations that remain at the end are eliminated as long as you have abided by the terms of the plan.

The Chapter 13 bankruptcy process

Upon filing for Chapter 13 bankruptcy, you will no longer be burdened by calls from creditors or threats that utilities or other services will be canceled. The automatic stay issued by the Bankruptcy Court bars these actions. Our firm submits a repayment plan that will be sent to your creditors. A trustee is appointed, and you are required to appear at a 341 meeting. Attorney Gregory Messer can represent you at the meeting and address any creditor objections that arise. In some cases, modifications will occur before the plan is presented to the court for final approval. Once the plan is approved, you do not have to worry about creditor harassment as long as you follow the terms of the plan.

Our services

Our firm offers comprehensive legal support if you are considering filing for bankruptcy under Chapter 13. Board-certified in consumer bankruptcy, attorney Gregory Messer has more than 30 years of experience handling bankruptcy petitions in New York. Mr. Messer has represented debtors and creditors in bankruptcy proceedings and has the knowledge needed to help you construct a viable repayment plan that saves your home. He ensures that your rights are protected and provides personalized, knowledgeable counsel as you deal with the stress of the bankruptcy process.

Contact a dedicated New York Chapter 13 bankruptcy lawyer for a free consultation

Reach out to The Law Office of Gregory Messer online or at to schedule a free initial consultation regarding Chapter 13 bankruptcy. Our office is 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 Long Island.

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

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