Tag Archives: Keep your home

What Everybody Should Know About Chapter 13 Bankruptcy

Chapter 13 Bankruptcy Has Unique Advantages Over Chapter 7

When you go to Joseph Wrobel, Ltd. to talk about your rights and options in the Bankruptcy Code you will learn about Chapter 13 bankruptcy and all how it solves the problem of limitations you may face with Chapter 7 bankruptcy. The main differences between Chapter 7 (discharge) and Chapter 13 (reorganization) are: 1) The total amount of debt discharged versus repaid; 2) Immediate discharge versus three to five years of debt repayment; 3) Chapter 13 is an option if you don’t qualify for Chapter 7; 4) You want to keep your home and certain assets, protecting them from sale.

The bankruptcy code is complex and applies specifically to everyone’s unique financial situation. Whether you qualify for Chapter 7 or 13 can be determined when you meet with a consumer bankruptcy attorney at Joseph Wrobel, Ltd., and your specific financial details are properly analyzed.

Chapter 13 Bankruptcy Stops Bill Collectors

When you file a petition for Chapter 13 bankruptcy, you immediately get protection with the automatic stay provision of the bankruptcy code. The automatic stay immediately prohibits most collectors from continuing activities to collect a debt. Therefore, during your reorganization bankruptcy you should not receive phone calls and mail from collectors.

The automatic stay is especially useful if you are facing eviction, foreclosure, losing basic utilities, losing unemployment benefits, being found in contempt for failure to pay child support or losing your job because of wage garnishments.

The consumer bankruptcy attorneys and staff at Joseph Wrobel, Ltd can explain how you can stop bill collectors in their tracks while you get back on track financially. Read more articles about Chapter 13 bankruptcy and the automatic stay provision on our website, ChicagoBankruptcy.com, tag archives: automatic stay.

Keep Your House and Get Caught Up on the Mortgage with Chapter 13 Bankruptcy

Chapter 7 and 13 are different as they address issues of asset ownership and debt repayment. Where in Chapter 7 you must qualify for a bankruptcy discharge of debts and obligations, there is no real mechanism to help you keep a house in which you have equity. Also, if you make too much money and do not qualify for Chapter 7, you can still file a Chapter 13 bankruptcy to pay back a portion of your debts over time.

With Chapter 13, you can stop the foreclosure process and keep your house while you catch up on your mortgage payments and get current. Some exceptions may apply where you have previously filed and dismissed bankruptcy cases, so it is important to talk to your experienced bankruptcy attorneys at Joseph Wrobel, Ltd., to find out your rights and options in the bankruptcy code to get you a fresh financial reboot.

Take Three to Five Years to Pay Back Portions of Your Debts with Chapter 13 Bankruptcy

Financial emergencies can strike anyone at any time. When you file for Chapter 13 bankruptcy you can agree to a debt repayment plan, for an agreed portion of your debts owed (depends on your specific income and finances) over three to five years. The longer term for repayment afforded by Chapter 13 allows people to catch up on missed mortgage and car loan payments, for example, while they focus on paying off priority non-dischargeable debts, the ones that do not go away with bankruptcy.

Call Joseph Wrobel, Ltd. and Learn How Chapter 13 Bankruptcy Can Solve Your Financial Problems

When you call Joseph Wrobel, Ltd. you can make an appointment to meet with an attorney in one of our multiple Chicagoland city and suburban office locations and learn where you stand. Joseph Wrobel wants you to take control of your finances, so you can decide if filing for a Chapter 7 or 13 bankruptcy makes sense is valuable to you. For more information about Chapter 13 bankruptcy call us at (312) 781-0996.

Bankruptcy Basics: August 2015, Real Questions, Real Answers with Joseph Wrobel

Chicago bankruptcy and consumer credit attorney Joseph Wrobel shares news and updates in bankruptcy law as well as business and consumer financial matters. It has been documented that financial troubles can cause all sorts of ailments, the most common of which is sleeplessness. Joseph Wrobel helps clients alleviate their anxiety created by the inability to pay bills and the embarrassment of financial distress.

Click/tap here to listen to the podcast now!

Topics covered in this 30 minute show:

  • How do I file for bankruptcy but also keep my home where I have a bad mortgage deal?
  • I had a bankruptcy 3 years ago and to date the bank has not taken my home, what do I do?
  • How can bankruptcy help me with medical bills I incurred when I didn’t have health insurance?
  • My husband might file for bankruptcy after the divorce, how do I protect my house?

Joseph Wrobel has been a practicing attorney since 1973 and has experience in a wide variety of law relating to legal matters for individuals and families. Wrobel helps clients get out of debt and get a fresh start. He is an active member in several bar associations and the Bankruptcy Panel of Pro Bono Program of the Chicago Volunteer Legal Services. After serving the U.S. Army Reserve 363rd Civil Affairs Unit, Wrobel earned a B.A. in Psychology from Northwestern University and in 1973 he earned a JD from DePaul University Law School.

Visit our Chicago Bankruptcy website online for more about the firm. You may also contact Joseph Wrobel for more information at (312) 781-0996 and by e-mail at JosephWrobel@ChicagoBankruptcy.com

The automatic stay: It stops bill collectors in their tracks

Compared to many laws on the books in the U.S., the bankruptcy code sometimes seems like magic. For no other reason than you have a right to apply for it and a desire to wipe out debt, you can petition the bankruptcy court to either eliminate your debts and/or pay them back for pennies on the dollar. The moment you enter the magical world of bankruptcy it my feel like you have stepped into a protective bubble in which the torture of financial stress does not exist. The exterior lining of the bubble might be the automatic stay provision.

When a petition for bankruptcy relief is filed and accepted by the bankruptcy court, the automatic stay provision is effective and remains in place until the bankruptcy is over. As a debtor, you do not have to do anything to use your automatic stay benefit. Rather, all your listed creditors should receive notice sent by your bankruptcy attorney informing them about the bankruptcy and the law prohibiting collection of debts while you are in a bankruptcy case.

The automatic stay provision in the bankruptcy code has the following direct affects:

  • No wage garnishments are allowed. Some people have multiple wage garnishments and creditors in line to garnish wages. When wages are garnished to pay off judgments it can be tough to keep up with the current food, housing and utilities payments. When there is not enough cash flow to live and the situation is based on fixed income, bankruptcy and the automatic stay will allow you to take home your entire salary.
  • The government cannot claw back overpayments of benefits. Public benefit payments are usually recollected through deductions on future benefit checks and through billing the recipient. The automatic stay provision, however, only applies when you are still eligible to receive public benefits.
  • Evictions are stopped in most cases*[i]. If your landlord already has an order of possession to kick you out, the automatic stay is not going to help you. But if there has not been an eviction procedure yet filed, you might be able to use the automatic stay provision to stay in the home for a few days or weeks.
  • Foreclosure proceedings are stopped. Once your bankruptcy is over and the automatic stay is lifted a bank holding a delinquent mortgage over your head may still be able to continue foreclosure proceedings. Many people who want to keep their home use a Chapter 13 bankruptcy when they might not otherwise be able to stay in their home with a Chapter 7 bankruptcy.
  • Your utilities cannot be disconnected. This is not a permanent bar to disconnect, but the automatic stay will help you keep the phone, gas, water or electric on for at least 20 days.

These are a few of the ways you can take advantage of the bankruptcy code and the automatic stay provision to stop collectors and keep your salary while you go through the process of getting a fresh financial start.

There are several general rules and exceptions to them in bankruptcy. The difference between Chapter 7 and Chapter 13 is also significant and it is important to hire an experienced bankruptcy attorney when you want to make the best of your decision to file for bankruptcy.

Joseph Wrobel, Ltd. helps people get control of their finances and a fresh start at financial freedom. The firm’s website contains informative videos about financial issues as well as bankruptcy protection for families who want a fresh start. To keep in touch and read about consumer finance news and stories you can Like the firm’s Facebook page and Follow Joseph Wrobel. Ltd. on Twitter. If you need immediate legal assistance, please call Joseph Wrobel, Ltd. by calling (312) 781-0996 to talk to an attorney today.

[i] *While the automatic stay may be able to stall an eviction, there are certain situations in which you could still be removed from your home and a bankruptcy attorney can best explain what might happen to you based on the facts and circumstances involved.