Debt can quickly become overwhelming when income fails to keep up with growing financial obligations. For Florida residents who want to avoid foreclosure or stop creditor pressure without liquidating their assets, Chapter 13 bankruptcy may offer a structured path forward. At CAVA Law, LLC, we help individuals in Coral Gables and across South Florida understand how Chapter 13 works and what to expect at every stage.
Unlike Chapter 7, which focuses on liquidating assets, Chapter 13 allows you to reorganize your debts and repay a portion over time. It is designed for those with a steady income who want to retain property while catching up on missed payments. A Chapter 13 bankruptcy attorney in Coral Gables, Florida can help you prepare a repayment plan that meets both court requirements and your personal financial needs.
Before filing, the first step is determining whether you qualify. Chapter 13 is available to individuals with regular income and debt levels under the thresholds established by federal law. If your unsecured debts (like credit cards and medical bills) and secured debts (like mortgages or auto loans) fall within those limits, you may be eligible to proceed.
In addition, you must not have had a recent bankruptcy case dismissed or filed in bad faith. The court will review your financial records, income sources, tax filings, and debt obligations. Our firm evaluates your situation thoroughly before any petition is filed to ensure you meet the requirements and have a realistic repayment path.
Once eligibility is confirmed, the next step involves gathering financial documentation. This includes pay stubs, tax returns, monthly living expenses, a list of debts, and a full accounting of assets. Your attorney will use this information to prepare the official bankruptcy petition and your proposed repayment plan.
After filing, an automatic stay goes into effect. This court order stops most collection activity, including wage garnishments, foreclosure proceedings, and creditor calls. Filing with a bankruptcy lawyer in Coral Gables, Florida ensures that your documents are accurate and complete, which helps avoid delays or case dismissal.
Your repayment plan must propose to pay a portion of your debts over three to five years. How much you pay depends on your income, expenses, and the types of debt you owe. Priority debts, such as recent taxes or child support, must be paid in full. Secured debts may be caught up over time, while unsecured creditors may receive only a fraction of what you owe.
The plan must be submitted to the bankruptcy trustee and reviewed for compliance. If accepted, the plan becomes a binding agreement between you, your creditors, and the court. At CAVA Law, LLC, we help clients structure repayment plans that meet legal standards and provide a manageable monthly budget.
About a month after filing, you’ll be required to attend a meeting with the bankruptcy trustee. This is known as the 341 Meeting of Creditors. Creditors can attend, but most often, only the trustee asks questions. You must answer under oath about your income, debts, and repayment plan.
This step is critical because any inconsistencies or missing information can delay your case. Being prepared with the help of a debt relief attorney in Coral Gables, Florida gives you confidence and protects your rights during this process. Once this meeting concludes, your case moves toward plan confirmation.
If the court approves your repayment plan, you must begin making monthly payments as outlined. These payments go to the trustee, who distributes funds to creditors. Staying current with plan payments is essential. If you miss payments without court approval, your case could be dismissed.
After successfully completing the plan, any remaining eligible unsecured debts are discharged. This means you are no longer legally required to repay them. Your credit report will reflect that you completed Chapter 13, and you’ll be free from the burden of those obligations.
Chapter 13 bankruptcy gives Florida residents a powerful option for regaining financial control without losing their home or vehicle. With legal guidance, the process becomes manageable and outcomes more predictable. At CAVA Law, LLC, we help clients build repayment plans that align with their income and goals, while protecting them from creditor pressure. Our firm is committed to delivering reliable solutions and supportive representation at every stage of the process. Contact us today to speak with our team and start building a more stable financial future.
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If you’re facing bankruptcy, debt litigation, or real estate issues in South Florida, don’t hesitate to contact CAVA Law for personalized and compassionate legal representation.
