Bankruptcy filings have been on the rise in Miami. Inquiries have increased due to the cost of living, elevated interest rates, and consumer debt. Inflation, healthcare, housing, and the cost of energy are some of the issues people cite as their top financial concerns.
Chapter 13 bankruptcy, referred to as a “wage earner’s plan” or a “reorganization bankruptcy,” has become a common choice for people who need time to catch up on their debts in Miami.
There are advantages to filing Chapter 13 bankruptcy in Miami, and a few drawbacks. It’s important to discuss your personal circumstances with an experienced Miami bankruptcy attorney to understand how bankruptcy will affect you.
How Chapter 13 Bankruptcy Works
When you file for Chapter 13 bankruptcy, you will submit a detailed budget showing your monthly income and expenses. The bankruptcy court uses this information to determine how much you can realistically afford to pay your creditors each month. Allowed expenses include housing, utilities, food, transportation, insurance, medical care, and other necessary costs. The court follows standardized guidelines for many of these expenses, but there’s flexibility based on a filer’s specific circumstances.
The remaining amount becomes your monthly Chapter 13 payment. This means you keep enough of your income to maintain a basic standard of living while repaying what you can afford with your creditors.
Pros:
*End Creditor Harassment. Thanks to the automatic stay, creditors will no longer be able to contact you.
*Avoid Foreclosure. If you have fallen behind on your mortgage payments, filing Chapter 13 can help you keep your home by getting caught up on those payments.
*A Defined Repayment Plan. Allows you to pay what you can according to your income and assets.
Cons:
*Expect your credit score to take a hit. However, it’s important to remember, continuing to struggle with your debt will also have a negative impact- not only on your credit score, but on your health and your happiness. Balances eventually become too high and overdue payments and delinquencies result.
*Not being able to wipe out all your debt. Unlike Chapter 7 bankruptcy, you do not discharge all your debt. You repay it. Chapter 13 plans can last anywhere from three to five years, but most are five-year plans.
It is worth noting that in Chapter 13 bankruptcy not everyone pays back the same percentage of their debt. Some people repay their unsecured creditors in full, while others might pay back only a fraction, sometimes as little as 10% or even less, depending on their disposable income and the value of their assets. The point here is that your payment is based on what you can afford, not on taking everything you earn.
If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild, and recover. The day you hire our firm; we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.
