How Do I File for Chapter 13 Bankruptcy in New York?

by Michael H. Schwartz
Worried man consulting his bankruptcy attorney.

Call us first!  Michael H. Schwartz has been successfully helping people throughout Westchester County, Rockland County, Putnam County, the Hudson Valley and New York City area file for Chapter 13 bankruptcy protection for more than 40 years.  We are second to none.

Call us or fill out our online contact form for Michael to review your case and help you understand all of your legal options during a free consultation.

What is Chapter 13 bankruptcy?

Commonly referred to as Chapter 13, the name is actually a Chapter in a set of laws passed by Congress known as Title 11.

Chapter 13 is also known as a wage earner’s plan, as it allows people with regular incomes to repay all or a portion of their debts. A proposed repayment plan lasts three to five years, depending on your income. Most people need the 5-year plan regardless of their income to afford the monthly plan payments.  There is a debt limit for Chapter 13 cases which changes every 3 years.

What Qualifies You For Chapter 13 bankruptcy?

  1. You are behind on your mortgage. Chapter 13 bankruptcy is an excellent option for people who are behind on their mortgage payments to repay the arrears over a 5 year period.
  2. Attempt to modify your mortgage debt and payments. Chapter 13 is an excellent way to attempt to modify your mortgage with your lender, EVEN if you have been turned down before.  Depending on the modification, we have reduced mortgage payments, had missed payments forgiven, and had missed payments placed at the end of the new modified loan.
  3. Repay your credit card and other debts at no interest over a 5-year plan after which you will be debt free.
  • Chapter 13 is far better than making the minimum payments on your credit cards for the next 30 years, and then, finally, you are debt free but have no savings to retire.
  • Chapter 13 is a federal law. It is not a sales pitch by so-called debt resolution companies that promise what they cannot deliver.
  1. Chapter 13 also allows you to pay back income or real estate taxes AND eliminate any penalties on the tax.
  2. Chapter 13 invokes the Automatic Stay that stops all debt collection activity and stops creditors and debt collectors from continuing to contact you. Lawsuits and wage garnishment are also stopped.
  3. Finally, Chapter 13 allows you to repay or reduce your debts without having to pay any interest.

What Happens When You File For Chapter 13 Bankruptcy in New York?

  1. All collection activity stops. If your house is in foreclosure, we will send “Stop Sale” fax to the lender’s attorney and call them to confirm that the sale has been canceled.
  2. A lawyer called a “Trustee” will be assigned your case. He or she will need some income and property information.  We will assist you with all of this paperwork.
  3. The Chapter 13 trustee will meet with you to review your case. We will be there with you.
  4. Prior to the meeting, we will meet in our office to prepare you for the meeting.
  5. There will also be one appearance before a Bankruptcy Judge where we will advise the Bankruptcy Judge of the purpose of the filing and your plan of action.

Do You Need a Chapter 13 Bankruptcy Lawyer?

A Chapter 13 case is quite involved, and a competent, experienced lawyer makes all the difference. Even many bankruptcy lawyers that handle Chapter 7 cases will not even handle Chapter 13 cases.

Contact Us for Help Filing For Chapter 13 Bankruptcy!

If you are thinking about filing Chapter 13 bankruptcy in New York, you will want to hire the best Chapter 13 bankruptcy attorney to explain the process and help you pursue the outcome you need. For many individuals, Chapter 13 bankruptcy can give them a fresh financial start.

Michael H. Schwartz has been successfully helping people throughout Westchester County, Rockland County, Putnam County, the Hudson Valley and New York City area file for Chapter 13 bankruptcy protection for more than 40 years.  We are second to no one.

We are available by phone, or you can always contact us online to schedule a confidential consultation.

Call now; You will be glad you did!

Michael H. Schwartz is the largest filer of bankruptcy cases for people living in Westchester and Rockland counties in New York. A graduate of New York Law School, Michael has been licensed to practice in New York State courts since 1983. He is also licensed to practice in the U.S. Bankruptcy and District Courts for the Southern, Eastern and Northern Districts of New York and the District of New Jersey as well as the Second Circuit U.S. Court of Appeals. He is a graduate of Max Gardner’s Bankruptcy and Veterans’ Boot Camps. Several media outlets have reported on his cases or sought his insights, including The New York Times.