Las Vegas Chapter 13 Bankruptcy Attorneys

Potential Benefits to Filing Chapter 13

Chapter 13 bankruptcy can be thought of as a reorganization of your debts—creating a plan that allows you to make payments to creditors while staying within your current means. Unlike Chapter 7, filing for Chapter 13 bankruptcy allows you to keep your assets and instead devotes an agreed upon portion of your income to a payment plan. 

4 benefits to filing Chapter 13:

1. Save your home: In Nevada, there are two ways to save your house if you are filing for Chapter 13. You can propose a plan payment to the Trustee which will resume your normal monthly payments and include additional money to catch up on your arrears. Or, you can propose to repay the arrears over an up to 5-year period. The second option is to use the Bankruptcy Courts Mortgage Modification Mediation Program, where you can try to negotiate a loan modification with your lender. So far, success rates in modifications have been nearly 70%.
2. Keep your car: If you are behind on car payments, filing Chapter 13 can give you a chance to catch up. In some cases, you may even be able to extend the amount of time to pay off your car, so monthly payments can be reduced. Often, we can modify the interest rate to something more reasonable, or even reduce what you owe on the car to the fair market value of the vehicle and pay just what the car is worth over a 3–5-year period.
3. Repay the IRS: There are various options for dealing with the IRS in Chapter 13 bankruptcy, and you can often stop penalties, interest, and even reduce the total amount you owe—paying off debts in a 3-5-year period.
4. Consolidate and reduce debt: In Chapter 13, you can consolidate all of your unsecured debts, including credit cards, medical bills, and personal loans. Once filed, you can stop the interest from running and propose to repay only what you can afford. In most cases, that means you only have to repay a fraction of your debt, and in some cases, you may not have to pay anything at all.

Our Las Vegas Chapter 13 bankruptcy attorneys at Fox, Imes & Crosby, LLC understand that every circumstance is unique, and we will take the time to walk you through your options, answer all of your questions, and stand beside you every step of the way. 

What Are the Limits of Chapter 13 Bankruptcy?

Filing for Chapter 13 bankruptcy is more than just getting rid of debt. It involves restructuring your finances so that you can move forward in your life to begin building a successful financial future. However, just like anything, Chapter 13 has limits and might not be right for everyone. 

5 limits of Chapter 13 bankruptcy include:

1. There is a limit to the amount of secured and unsecured debt that you can have. Currently, the limit is a total of $2,750,000 for secured and unsecured debts
2. If you are in arrears on a house, car, or other property but want to keep the property, you have to pay all of the arrears back through the plan.
3. If you are behind on your house or car payments, you have to make the ongoing payments through the Chapter 13 Trustee and incur the additional Trustee Tax, calculated at 10%.
4. Typically, the IRS will not negotiate with you during the Chapter 13 process. This means that whatever Priority Amount you owe, you will have to pay. You will likely need to talk to an attorney to determine what your Priority Amount is, as it still may be less than the total amount you owe them.
5. In a Chapter 13, you are limited to a 5-year plan. This means that any amount you have to pay back has to be done over no more than 60 total months. 

How Does Chapter 13 Bankruptcy Work?

Chapter 13 provides individuals with an opportunity to reorganize their debts and establish a repayment plan to regain control of their finances. If you are struggling against debt, our experienced Chapter 13 lawyers in Las Vegas are well-versed in this process and can guide you along the way. Here's a quick overview of how Chapter 13 bankruptcy works:

1. Consultation: We assess your financial situation, considering income, expenses, assets, and debts, to determine if Chapter 13 is suitable for your situation.
2. Filing the Petition: We assist in preparing and filing the necessary legal documents, including the bankruptcy petition, schedules, and repayment plan, with the Las Vegas bankruptcy court. Upon filing, an automatic stay is initiated, providing immediate relief from creditor actions like collection calls and wage garnishment.
3. Repayment Plan: We work together to create a tailored repayment plan, consolidating debts into a manageable monthly payment over 3 to 5 years.
4. Trustee Oversight: A bankruptcy trustee is assign to your case, reviewing the repayment plan and distributing payments to creditors.
5. Confirmation Hearing: We represent you at the confirmation hearing, where the court reviews and approves the plan, addressing any creditor objections.
6. Making Payments: Once the plan is confirmed, you make regular payments to the trustee, who distributes them to creditors accordingly.
7. Completion and Discharge: After successfully completing the repayment plan, remaining eligible debts are discharged, offering a fresh financial start.

At Fox, Imes & Crosby, LLC, we provide services in both English and Spanish to accommodate our diverse clients. We also offer flexible payment plans to accommodate your your financial circumstances. With more than 50 years of combined experience, our Las Vegas Chapter 13 attorneys are well-equipped to lead you to debt relief. Get in touch with us to schedule an appointment and see how we can assist you with the Chapter 13 bankruptcy process.

Contact Our Las Vegas Chapter 13 Bankruptcy Lawyers

At Fox, Imes & Crosby, LLC, our attorneys have over 50 years of combined, hands-on experience and know how to effectively navigate bankruptcy cases. We have helped countless clients in Las Vegas and surrounding areas find innovative and personalized ways to move forward toward a brighter future.

Reach out to our knowledgeable team today by calling (702) 941-6320 or filling out our short online form to schedule a consultation with a Chapter 13 bankruptcy attorney near you.