“I am truly grateful that I was pointed to CAVA and that the universe placed us together. Vanessa has always made me feel human in this process and I thank her for her patience and kindness throughout…you are very much appreciated.“
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Unexpected financial setbacks can quickly put individuals and families under pressure, especially when mortgage arrears, credit card debt, or tax obligations start to pile up. For individuals with regular income, Chapter 13 bankruptcy may offer a legally protected way to address debt without forfeiting assets or facing foreclosure.
At CAVA Law, we guide South Florida residents through the Chapter 13 process with care and years of experience. We focus on practical legal strategies that help clients regain financial control through structured repayment while complying with court expectations.
What Chapter 13 Bankruptcy Can Do
Chapter 13 bankruptcy offers a repayment plan to help individuals resolve outstanding debt over three to five years. Unlike Chapter 7, which involves liquidation, Chapter 13 is based on reorganizing debt without requiring the sale of your property. This option is commonly used by individuals who are behind on their mortgage, need time to resolve tax obligations, or want to restructure unsecured debts.
When representing a client in Chapter 13 bankruptcy, we look at more than their outstanding balances. We assess their income, necessary expenses, exempt assets, and long-term financial objectives. This lets us recommend a plan that the court can approve—and that the client can realistically maintain.
Our firm’s bankruptcy attorneys ensure that every required schedule, disclosure, and plan detail is submitted correctly and supported. Our goal is not only legal compliance but also sustainability for the client over the whole life of the plan.
Why Choose CAVA Law
We don’t apply a one-size-fits-all model to bankruptcy. Every case we handle is assessed on its own terms, and every client receives direct attention. Our firm is based in South Florida, and our attorneys have represented debtors and creditors in bankruptcy court. That experience allows us to anticipate common issues, structure more effective repayment strategies, and respond quickly to any challenges raised during the process.
Clients choose CAVA Law because we provide:
- Clear, case-specific recommendations rooted in current law
- Detailed attention to filing accuracy and trustee communications
- A legal team that is accessible and focused on long-term solutions
- Guidance through each stage—from petition to discharge
As your Chapter 13 bankruptcy attorney, we manage the filing process with precision, ensuring your repayment plan aligns with court standards and your financial goals.
Everything You Need to Know About Chapter 13 Bankruptcy
Eligibility and Filing
To qualify for Chapter 13, you must have regular income and meet the debt limits established under federal law. The process begins with filing a petition with the bankruptcy court and documentation of your assets, liabilities, income, expenses, and recent financial history.
Our firm assists with every stage of the initial filing, ensuring all required disclosures are included and accurate and that the plan proposed is feasible under your budget and the Bankruptcy Code.
How the Repayment Plan Works
The repayment plan outlines how you will repay all or part of your debts. Priority obligations—like recent taxes or child support—must be paid in full. Secured debts, such as mortgages and car loans, can often be paid over time to prevent foreclosure or repossession.
Unsecured debts may be paid in part or in full, depending on your income and assets. In many cases, remaining unsecured balances may be discharged after the plan is completed.
Once the plan is filed, the trustee and creditors can review it. If no objections arise or they are resolved, the plan is confirmed, and monthly payments begin.
The Role of the Trustee
Chapter 13 cases involve a trustee appointed by the court. The trustee reviews your plan and financial documentation, conducts the Meeting of Creditors (also called the 341 meeting), and distributes payments to creditors.
We communicate with the trustee throughout the case, making sure required updates are submitted, objections are addressed, and payments are properly managed.
What Can and Cannot Be Discharged
Many unsecured debts may be discharged at the end of a successful Chapter 13 plan. However, not all obligations can be eliminated. Debts like alimony, child support, and certain tax debts are typically non-dischargeable.
We help clients understand which debts may be reduced or resolved through the plan, and which must be addressed in full.
Frequently Asked Questions
How long does a Chapter 13 case last?
Most repayment plans last between three and five years, depending on your income level and the type of debt you’re reorganizing.
Can Chapter 13 stop foreclosure?
Yes. Filing Chapter 13 immediately stops foreclosure through the automatic stay. Past-due mortgage payments can be paid over time in the plan.
Do I need to go to court?
You’ll be required to attend a 341 Meeting of Creditors. Additional hearings may occur if objections or modifications are needed, but in many cases, your Chapter 13 bankruptcy attorney can appear on your behalf.
Will Chapter 13 affect my credit?
Yes, a Chapter 13 bankruptcy will appear on your credit report for seven years from the filing date. However, many clients can begin rebuilding credit during the repayment period by maintaining timely payments and managing new credit responsibly.
What happens if I can’t make a payment during the plan?
If your financial situation changes, it may be possible to modify the plan. We assist clients with modification requests when appropriate and help ensure the court and trustee receive timely notice.
Can I pay off the plan early?
In some situations, early payoff is possible, but it may affect how much you’re required to repay to unsecured creditors. We advise clients based on their specific plan terms and goals.
Still Have Questions?
Whether you’re facing foreclosure, tax enforcement, or rising unsecured debt, our firm provides clear legal options backed by detailed filing support and responsive communication. Call us today to discuss your case, answer your questions, and start the path towards financial freedom.
