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Chapter 13 Bankruptcy

Attorney for Chapter 13 Bankruptcy in Tampa

There are a lot of reasons why a person may choose a Chapter 13 bankruptcy instead of Chapter 7. Usually it's because they are probably a good candidate for Chapter 13 bankruptcy if any of the following situations apply to them:

  • You desire to repay your debts, but you need the protection of the bankruptcy court to do it. You believe that filing Chapter 13 bankruptcy is the "Right decision" rather than file Chapter 7 bankruptcy.
  • You are behind on a mortgage or car loan, and you wish to make up the payments you missed and reinstate the original contract. You can only make up missed payments under a Chapter 13 bankruptcy and therefore Chapter 7 bankruptcy is not an option.
  • You need assistance with repaying your debts but its necessary for you to leave the option of filing Chapter 7 bankruptcy open in the future. This would be for those who for some reason can't stop incurring new debt.
  • You are a family farmer who desires to pay off their debts, but can not qualify for a Chapter 12 family farming bankruptcy due to the fact that you possess a large debt that is unrelated to farming.
  • You have valuable property that is nonexempt. When you file for Chapter 7 bankruptcy, you get to keep exempt property. If you have nonexempt property that you would have to give up if you file a Chapter 7 bankruptcy, Chapter 13 bankruptcy may be the best option.
  • You filed a Chapter 7 bankruptcy within the last eight years. You can't file for Chapter 7 bankruptcy again until after eight years have passed.

You can file Chapter 13 bankruptcy if:

  • You have received a discharge under Chapter 7, 11 or 12 bankruptcies more than four years ago.
  • You have received a discharge under Chapter 13 bankruptcy more than two years ago.
  • You possess a co-debtor on a personal debt. Your creditor will go after your co-debtor if you file for Chapter 7 bankruptcy. As long as you keep up with your payment plan your creditor will leave your co-debtor alone under a Chapter 13 bankruptcy.
  • You possess a tax debt. If a large portion of you debt consists of federal taxs, what will happen to your tax debt is what determines which type of bankruptcy is best for you.

The Owens Law Firm
201 N. Franklin St. Suite 3405
Tampa, FL 33602
Phone: (813) 289-7574
Toll Free: (866) OWENS-LAW (866) 69367-529

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