If you are thinking about filing Chapter 13 bankruptcy, I strongly suggest that you do some research on your own before you make a decision on whether or not you want to file that chapter, and if so, which Hawthorn Woods bankruptcy attorney you’re going to hire. Make sure that the attorney you hire has experience in Chapter 13 bankruptcy law.
I practice in the Northern District of Illinois, and there are three specific trustees that handle Chapter 13 bankruptcy cases. I am familiar with all three trustees. I understand what each trustee is looking for, I understand the particular language that each trustee wants within their plan, and I know the judges and how they perceive debtors under a Chapter 13 case scenario. I understand the bankruptcy process from start to finish. If you go to an attorney who doesn’t practice Chapter 13 regularly, you will not garner that experience from that attorney. It is that experience that separates me from other attorneys.
If you want to have a successful Chapter 13 bankruptcy case, there are a lot of things that you’re going to have to do on your own, like make the payments as required under the plan. However, if you have great counsel at your side, you are going to have an advantage and that attorney is going to help you make the proper decisions and set forth the guidelines so that you have success in your Chapter 13 bankruptcy case under the United States Bankruptcy Code.
Keep in mind that when you file Chapter 13 bankruptcy, it is a long case. It can last anywhere from three to five years with several changes along the way. You might start out paying a certain dollar amount to the Chapter 13 trustee and the amount may change as the case progresses. Your income and expenses may change during the five year duration of the case. If this were to occur, your attorney can bring a motion before the court to decrease the plan payment amount. Conversely, the trustee can bring a motion to increase your plan payment amount.
Situations also occur during a Chapter 13 case that are often unexpected. For example, a person can lose a job or become ill. If that were to happen your attorney can request that your plan payments be suspended or moved to the back. It really depends upon whether or not there is room in the plan to defer the default or abate the payments. As a worst case scenario, the case can be dismissed by the trustee or voluntarily be the debtor. If that were to happen, you may have the option to file bankruptcy again.