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You are here: HOME>GEORGIA BANKRUPTCY LAW QUESTIONS>CHAPTER 13 INFO

What is the purpose of a Chapter 13?

Chapter 13 is designed to help you save property like your house or your car, if you have fallen behind on your payments and are facing foreclosure or repossession.  When you file Chapter 13, we set up a Chapter 13 payment plan whereby you pay back your missed mortgage payments and missed car payments over a three to five year payment plan.

You also pay back other debts in a Chapter 13, including credit card debts, medical bills and loans. Sometimes we can create a payment plan in which you pay back these other debts at less than 100%. By law you are required to include all of your debts in your Chapter 13 plan. In addition, you have to pay your Chapter 13 plan through a payroll deduction filed with your employer.

Georgia Bankruptcy Law Questions

Types of bankruptcy available to me

Will I lose my property if I file?

Alternatives to bankruptcy

Does my spouse have to file?

Will notice be published in the paper?

Have I waited to late to file?

Chapter 7 vs. Chapter 13

Chapter 7 info

Chapter 13 info

Avoiding stress at your court appearance

Getting started

Costs & fees

Why choose Jonathan Ginsberg?

How do I start?

The Bankruptcy Judges and the Chapter 13 Trustees have established minimum standards for lawyers in Chapter 13 cases. For example, these guidelines obligate all lawyers to actually meet with their clients personally and provide certain information.  Because I do not operate a high volume firm, you will always meet with your attorney (me) and you will always have prompt access to your me lawyer by phone or e-mail.  My intention is to offer you far more than the minimum. Click here to read what the Courts consider to be a minimum level of service for Chapter 13 representation.

Can someone object to my Chapter 13

Yes - either the Chapter 13 trustee or a creditor can object to your Chapter 13 by filing an “objection to confirmation.”  Most trustee objections follow the 341 meeting of creditors and relate to things like unfiled tax returns, lack of funding of your plan, or differences between your testimony and what is scheduled in your petition.

Creditor objections are less common and may relate to a lack of insurance on secured collateral like a house or car.

Chapter 13 trustee objections are very common in Chapter 13 cases - it is my job as your lawyer to cure the trustee’s objections by the confirmation hearing, which is about 2 months after filing.

Will I have to go to Court for my Chapter 13?

If you file Chapter 13, you will need to attend one very brief, informal hearing. You must bring two forms of ID - one a picture ID and the second an ID with your Social Security number. Click here to learn what happens at a Chapter 13 meeting of creditors hearing in the Northern District of Georgia and more about the potential objections that can crop up.

How long does it take for me to get my credit restored after Chapter 13?

Because you are generally not permitted to incur new credit while you are in Chapter 13, you really cannot start to rebuild your credit until after your case is over. Since a Chapter 13 has to last 3 years, but no more than 5 years, your ability to restore your credit will be delayed when you file a Chapter 13.

Notices Issued by the Court in my Chapter 13 case

Your Chapter 13 case functions as a payment plan that will last between three and five years. It involves you, your Chapter 13 trustee, your creditors and a bankruptcy judge. You will discover quickly that a lot of paper will be generated in your bankruptcy case. Here are some of the documents you will see:

Notice of Bankruptcy Case Filing - Chapter 13

Notice of Meeting of Creditors and Deadlines - Chapter 13

Notice of Filing Proof of Transfer of Claim - Chapter 13

 
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