Chapter 13 Bankruptcy Lawyer on Maui 

Whereas under Chapter 7 bankruptcy, the debtor’s assets are used to pay back their debts, under Chapter 13 bankruptcy, the debtor may retain their assets and instead participate in a repayment plan. The debtor may propose a 3- to 5-year repayment plan to the creditors, offering to use their future income to pay off their debts. The monthly payment amount is determined based on a couple of factors, including the amount of disposable income and the value of any non-exempt assets. 

If the debtor adheres to all terms of their repayment plan, their remaining dischargeable debts may be released at the end of the plan. 

The amount of money to be repaid to the debtor at the end of their repayment plan is determined by factors such as:

• The debtor’s disposable income according to the Hawaii Means Test 
• The amount of debt that they would have paid under Chapter 7 bankruptcy 

Wondering if Chapter 13 bankruptcy is the right choice for you? Reach out to The Law Office of Jean Christensen LLLC to learn more. Dial (808) 865-0420.

Is There a Debt Limit for Chapter 13?

While there is no debt limit for Chapter 7 bankruptcy, there is a limit for Chapter 13. Debtors filing for Chapter 13 bankruptcy are expected to repay their debts over a 3- to 5-year period, so there must be a limit to the amount of debt they can have. An individual’s combined total secured and unsecured debts must be less than $2,750,000 in order to file for Chapter 13. 

Who Can File for Chapter 13?

Any debtor whose debt does not exceed the debt limit may qualify for Chapter 13 bankruptcy. 

However, a debtor may not qualify for Chapter 13 if within 180 days before filing they:

• Failed to receive credit counseling from an approved credit counseling agency 
• Failed to appear before the court or comply with court orders, which resulted in a bankruptcy petition dismissal 
• Had a prior bankruptcy petition dismissed after creditors sought relief from the bankruptcy court 

Not sure if you qualify for Chapter 13? Our Chapter 13 bankruptcy attorney on Maui is deeply familiar with all types of bankruptcy and can work with you to determine what applies to your unique situation. 

Advantages of Chapter 13 

Unlike Chapter 7, where debtors must liquidate their assets, Chapter 13 bankruptcy allows debtors to retain theirs. Debtors are given the opportunity to pay back their debt while keeping their valuable exempt and non-exempt property. 

Additional benefits of Chapter 13 bankruptcy include:

• An immediate stay of action is put into place to protect the debtor from creditor harassment 
• The debtor’s debts may be reduced 
• The debtor’s home is protected against foreclosure
• Co-signers are protected when the payment plan provides full payment 
• The debtor is given more time to pay off their debts 
• A debtor may file for Chapter 13 at any time 
• A debtor can file for Chapter 13 repeatedly 

Can Chapter 13 Help Me Save My Home From Foreclosure In Hawaii?

Filing for Chapter 13 bankruptcy can indeed help you save your home from foreclosure in Hawaii. If you're facing the risk of foreclosure and seeking professional assistance, our team of Chapter 13 bankruptcy lawyers at The Law Office of Jean Christensen LLLC is here to provide you with the legal support you need.

Chapter 13 bankruptcy allows you to create a repayment plan to catch up on your mortgage arrears over a period of three to five years while keeping your home. This type of bankruptcy is ideal for individuals who have a steady income and want to protect their assets, including their primary residence.

How Does Chapter 13 Affect My Credit Score?

Filing for Chapter 13 bankruptcy will have an impact on your credit score, but the exact effect will depend on your individual circumstances and credit history. Initially, filing for Chapter 13 may cause a drop in your credit score. However, as you progress through the repayment plan and make timely payments, it demonstrates your commitment to fulfilling your financial obligations, which can have a positive impact on your creditworthiness over time.

How Long Does Bankruptcy Stay On My Credit Report?

Chapter 13 bankruptcy will remain on your credit report for a period of 7 years from the filing date for most purposes. This can make it more challenging to obtain new credit or loans during that time. However, as you successfully complete your repayment plan and discharge your debts, you will have the opportunity to rebuild your credit.

It's important to note that everyone's credit situation is unique, and the impact of Chapter 13 bankruptcy can vary. Some individuals may find it easier to rebuild their credit after Chapter 13 compared to other bankruptcy options. Establishing responsible credit habits, such as making timely payments, keeping debt levels manageable, and using credit wisely, can help improve your credit score over time.

Working with a knowledgeable credit counselor or financial advisor can provide valuable guidance on rebuilding your credit after bankruptcy. They can help you develop a plan to improve your creditworthiness and make informed financial decisions moving forward.

Understanding the Repayment Plan in Chapter 13 Bankruptcy

One of the key benefits of filing for Chapter 13 bankruptcy is the opportunity to create a manageable repayment plan to pay off your debts over time. This can provide much-needed relief for individuals who have fallen behind on mortgage payments, car loans, or other debts.

Here's how the repayment plan works:

1. Creating a Budget: Our experienced Chapter 13 lawyer will work closely with you to assess your income, expenses, and debts. Together, we will create a realistic budget that allows you to meet your basic living expenses while also making regular payments towards your debts.
2. Consolidating Debts: Through the repayment plan, you can consolidate your debts into one monthly payment. This simplifies the process and ensures that you are making progress towards becoming debt-free.
3. Protecting Your Assets: Chapter 13 allows you to keep your assets, such as your home or car, as long as you make the agreed-upon payments. This can help you avoid foreclosure or repossession.
4. Debt Discharge: After successfully completing your repayment plan, any remaining eligible debts will be discharged, meaning you are no longer legally obligated to pay them.

Filing for Chapter 13 bankruptcy can provide a fresh start and a path towards financial stability. Our compassionate team at The Law Office of Jean Christensen LLLC is here to guide you through the process and provide the support you need every step of the way.

How The Law Office of Jean Christensen LLLC Can Help 

As an experienced bankruptcy firm, The Law Office of Jean Christensen LLLC is here to provide the compassionate guidance and steadfast support you deserve at a time like this. 

Attorney Jean Christensen is deeply familiar with the practices and customs of the United States Bankruptcy Court for the District of Hawaii and can help you with every aspect of your case, including filing for bankruptcy, attending your 341 meeting, and rebuilding your credit after bankruptcy. 

To work with a dedicated Chapter 13 bankruptcy attorney on Maui, call (808) 865-0420. We offer free consultations.