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Bankruptcy 201: Help for Homeowners
Frank Malara • April 28, 2020

Chapter 13 bankruptcy can help you stay in your home.

Also known as “wage earners bankruptcy,” because it is intended for individuals that have steady income, this form of relief allows you to restructure your debt in an organized way. All of your debt is consolidated into one reasonable monthly payment, and the debt is paid off over a three- to five-year period.

While the bankruptcy process is pending, creditors are prohibited from foreclosing on your home, repossessing your car, or garnishing your wages. This protects you from harassment from debt collectors and prevents new collection actions from being taken against you.

What kinds of debt are covered by Chapter 13 bankruptcy?

Secured debt is prioritized in Chapter 13 bankruptcy cases. Payments are made to a court-appointed bankruptcy trustee who distributes money to the creditors according to a specific payment plan. Mortgages, taxes, child support, and student loans are paid first. Credit card debt is the last to be paid.

What assets will be liquidated?
None.

Considering a debt consolidation or debt relief company?

Before you, your clients, or your friends consider debt consolidation or debt relief from companies like Freedom Debt Relief, New York Debt Relief, or National Debt Relief, please call us and we will determine whether or not you would benefit from such debt relief companies. If we cannot help you with our legal services, we will recommend alternative solutions.

We are here for you.

Call (914-946-2889) or email us at Francis J. Malara or Anne Penachio with any questions or for a free consultation.

Additional Resources

Want to read the actual legal code governing Chapter 13 bankruptcy? Find it here.

Chapter 13 bankruptcy not the right solution for you? Learn about Chapter 7 bankruptcy.

Take action now to reduce your expenses. Learn to trim your household costs and prioritize spending.

Do you need unemployment benefits? Read our recent article on unemployment in the time of COVID-19.

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