File Chapter 13 Bankruptcy In Delaware

Not being able to pay bills such as your mortgage, car payments and property taxes can be a terrifying experience. It seems that once you are late once it snowballs out of control almost immediately. As unnerving as this experience is it is important that you do have options that will prevent you from losing your home, car and other assets. If you want to explore your options regarding obtaining financial relief you should speak with a Delaware lawyer handling bankruptcy cases.

The attorneys at Rahaim & Saints, LLP can help you save your house and get relief from creditors. We represent clients in New Castle County, Kent County and Sussex County, Delaware.

Consolidate Debt And Repay Over Time With Chapter 13

Chapter 13 bankruptcy provides debt relief for:

  • People with severe arrears on a mortgage who wish to avoid foreclosure
  • People whose income is too high to qualify for Chapter 7 bankruptcy
  • People with child support arrears
  • People with spousal support arrears

By filing a Chapter 13, your attorney and the bankruptcy trustee will negotiate a repayment plan to repay a portion of your debts over a period of 1 to 5 years. Based on your disposable income and the type of debt owed, after household expenses, you will make monthly payments for three to five years. After that, any remaining debts are discharged and you are in the clear.

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Will I Lose Anything in a Chapter 13 Bankruptcy?

Absolutely not. Any foreclosure proceedings, repossessions, or collection actions are immediately halted when you file. Creditors cannot call your home or threaten lawsuits. You will not forfeit any assets or possessions.

Can’t I File for Chapter 7 Bankruptcy Instead?

Not everyone qualifies for Chapter 7 Bankruptcy, which wipes out qualifying debts completely. First of all, if your mortgage is in default, those past due loan payments cannot be discharged in a Chapter 7 if you want to retain your house. Only filing Chapter 13 bankruptcy provides foreclosure protection.

In 2005, Congress instituted a bankruptcy means test. If you earn more than the Delaware median income, you may be required to file for Chapter 13. Although you must make payments, most Chapter 13 repayment plans settle your debts for a fraction of the total you owe.