What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is a proceeding under federal law in which a debtor repays all or a portion of his or her debts under the supervision and protection of the bankruptcy court. During the Chapter 13 a debtor makes payments to the trustee under a plan that is approved by the court. If the plan is approved, and payment of the plan is made over a period of 3-5 years, the debtor receives a discharge, and is released from most debts.

Is Chapter 13 Right for Me?

Has your debt become out of control? When you find yourself far behind on payments, filing for Chapter 13 may be the best resolution. At the law offices of Smith & Messina, we strive to help our clients resolve their personal financial situations. Contact our bankruptcy attorney for the experienced legal guidance you need through each step of your case. You can have confidence in your situation knowing that we are here to help you find a way out of your current financial complications.

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How Chapter 13 Bankruptcy Works

Some or all of your debts can be reorganized into a repayment plan. Because the plan is designed around your income and budget, the monthly payments are manageable. You will make these payments for three to five years to satisfy your debt issue. At the end of this payment plan, your remaining debts can be discharged.


Chapter 13 is often the best option for individuals who are behind on their auto loan or mortgage payments. The plan allows you to extend your arrearages over a predetermined period of payments, which allows you to resolve your delinquent accounts. Chapter 13 bankruptcy does not involve liquidation like Chapter 7. In a Chapter 13 bankruptcy, debtors are allowed to keep their property, even if it is not exempt.

We Can Help You Fulfill Plan Requirements

All requirements of the Chapter 13 plan will need to be fulfilled in order for it to be approved by the bankruptcy court. The plan will need to be proposed in good faith. It must also meet the "best interest of the creditors" test. If you need assistance through any step of the process or you would like help fulfilling the plan's requirements, we encourage you to call us today! Schedule a case evaluation to learn more about how we can help you navigate this process at (716) 648-1400.

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Have Questions About Where To Begin?

If so, click to call our law firm today, and request a free consultation with one of our professional bankruptcy attorneys!