Arkansas Chapter 13 Bankruptcy Attorney

Debt Relief for Clients in Saline County and Throughout Arkansas

Have you ever tried to fill a leaking bucket? Almost as quickly as you put water in, more water falls out through the crack or hole in the bottom. This image serves as an accurate portrait of the financial circumstances so many Americans are enduring today, especially due to the recession, which has caused many employers to cut hardworking employees.

Thankfully, there is a solution at the end of this tunnel. When you have a consultation with one of our knowledgeable Chapter 13 bankruptcy lawyers at the American Disability Action Group, you can learn how Chapter 13 could greatly improve your financial circumstances. Extending the payment length has allowed people to gradually pay back their debts, rather than face the struggle of trying to satisfy your creditors all at once.

What Is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy allows those with outstanding debts to pay a fraction of their payments, all within a period of time lasting 3 to 5 years. If you have a steady source of income, either from your job or disability claims, but you cannot pay your monthly bills, do not be afraid.

In these difficult circumstances, you can often get your medical bills reduced to a lower monthly charge, which are much more manageable for you to pay back.

Your payment plan will be handled by a trustee, who will repay your creditors little by little. Once the payment period is complete, you will benefit from a discharge of remaining qualifying debt.

Chapter 13 Bankruptcy & Social Security Disability

If you are worried that applying for bankruptcy will stop you from getting Social Security disability benefits, you can set your mind at ease. In most cases, your Social Security disability claim will remain completely unaffected. If there is an issue, our knowledgeable Chapter 13 bankruptcy attorneys in Arkansas are highly equipped to support you in navigating this process.

chapter 13 bankruptcy attorney

What are the Requirements for Chapter 13 Bankruptcy?

In order to qualify for Chapter 13, you must:

  • Have regular income.
  • Your debt must be within the limits — as of April 2019 (valid through 2021). The next adjustment will occur on April 1, 2022.
    • Unsecured debt limit: $419,275
    • Secured debt limit: $1,257,850
  • Be current on your tax filings and be able to provide proof.
  • You must have not filed for Chapter 13 in the last 2 years.
  • You must have not filed for Chapter 7 in the last 4 years.
  • You did not file for bankruptcy (Chapter 7 or 13) in the last 180 days that was dismissed by the bankruptcy court.

Benefits of Chapter 13 Bankruptcy vs Chapter 7 Bankruptcy

There are several benefits that come from filing for Chapter 13 vs Chapter 7, especially if you have large medical debts.

Two of the biggest advantages include:

  1. The automatic stay. One of the key benefits of filing for Chapter 13 is the automatic stay, which takes effect as soon as you apply. An automatic stay stops aggressive creditors who are constantly hounding you to pay your debts. If you are tired and stressed from the continual bombardment of phone calls and emails coming from your creditors, filing for Chapter 13 will immediately solve this issue.
  2. Extended time to pay your medical bills. Because medical bills and fees for therapy or aftercare visits tend to be some of the largest bills you have to pay, our clients have found Chapter 13 to be a huge source of relief. You will not need to pay thousands of dollars immediately, when you can simply extend the payment periods into bite-sized chunks. If there are still some leftover

How Much is the Chapter 13 Bankruptcy Fee?

To file for Chapter 13, you must also pay a filing fee of $313. Unfortunately, this fee cannot be waived, however, you may be able to ask the court if you are able to pay it in installments. Also, keep in mind that there are fees for the credit counseling courses (taken before filing) and debtor education courses (taken after filing). These courses usually cost around $25 to $50 unless the provider is able to get a special exemption from the U.S. Trustee’s Office.