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CHAPTER 13 | Frequently Asked Questions

How does bankruptcy help me?
From the debtor’s stand point, filing for bankruptcy allows those burdened with overwhelming debt a change to eliminate their debt and get a fresh start.

Who can file for chapter 13?
Those filing for chapter 13 must be an individual whose unsecured assets total no more than $290,525 and unsecured debts are less than $871,550.

Will filing for chapter 13 stop a foreclosure on my house?
Yes. When you file for chapter 13 bankruptcy an automatic stay is placed on the property and stops foreclosures, garnishments, repossessions and collection calls.

What is a discharge of debts?
A discharge is the debtor’s release from liability for certain specified debts. In other words, by law, the debtor is no longer responsible to pay any debts that are discharged. Although a debtor is relieved of personal liability for all debts that are discharged, a valid lien (i.e., a charge upon specific property to secure payment of a debt) that has not been avoided (i.e., made unenforceable) in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien.

Are all debts discharged?
No, it varies from chapter to chapter. However, filing under chapter 13 bankruptcy offers a broader discharge of debts.

What are the court filing fees?
The court filing fees for chapter 13 bankruptcy is $274.00.

What is a chapter 13 trustee?
A chapter 13 trustee is appointed by the courts and is impartial toward the case. The trustee will administer the payments and oversee the creditor’s meeting to insure the payments meet the requirements of the law.

Can filing for bankruptcy affect my job?
No. No person who files for bankruptcy can be discriminated against simply because the person was a debtor.

How do I get started?
Start your bankruptcy proceedings by calling our offices for a free consultation at 770-488-9334.

Call the Clark & Washington, P.C. offices at 770.488.9320 now to have all your questions answered, free of charge.

Chapter 13


To Start - Total filing fee is $310 and must be paid within 60 days.

Chapter 7


Filing Fee to Start. Installment Plans Available

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