Experienced Chapter 13 Bankruptcy Advocacy for Creditors
After more than 25 years representing debtors and handling over 4,000 Chapter 7 and Chapter 13 bankruptcy cases, my practice now focuses exclusively on creditor representation and family law matters. This legacy of debtor-focused experience uniquely equips me to protect creditors’ rights and maximize recoveries in Chapter 13 bankruptcy cases.
Understanding Chapter 13 Bankruptcy
Chapter 13 bankruptcy is often referred to as the “wage earner’s plan,” allowing individuals or businesses to restructure debt and make payments over 3 to 5 years. For creditors, this process is essential for recovering secured debts, such as mortgages or vehicle loans, and ensuring that debtors comply with the repayment plan approved by the court.
Key Benefits of Chapter 13 for Creditors
- Preserves Debt Obligations: Creditors are prioritized in repayment plans and can recover arrears on secured debts.
- Automatic Stay Enforcement: I assist in enforcing the automatic stay to ensure fair treatment for creditors.
- Claim Validation: My expertise ensures creditors’ claims are properly documented and included in the bankruptcy plan.
The Chapter 13 Bankruptcy Process and Creditor Involvement
1. Credit Counseling and Filing Requirements
Debtors must complete credit counseling before filing and submit financial disclosures, including income, assets, and liabilities. As a creditor advocate, I ensure your claims are accurately represented in these filings.
2. Plan Submission and Payment Structure
The debtor’s proposed repayment plan outlines how secured and unsecured creditors will be paid. This plan must prioritize arrears on secured debts like mortgages and vehicle loans. My role includes reviewing these plans to ensure compliance and addressing any discrepancies.
3. Section 341 Meeting of Creditors
This meeting provides creditors an opportunity to question the debtor about their finances and repayment intentions. Attendance can be crucial for addressing inconsistencies or ensuring the repayment plan aligns with legal standards.
4. Objections and Claims Litigation
Creditors can object to plans that:
- Fail to propose feasible payments.
- Do not treat claims in good faith.
- Include outdated or invalid claims.
I assist in filing objections and pursuing claims litigation when necessary.
5. Plan Confirmation Hearing
During this hearing, the court reviews and approves the debtor’s repayment plan. I represent creditors to ensure the plan meets all legal requirements and maximizes repayment potential.
6. Modifications and Conversions
Plans may need adjustments if debtors experience financial changes. I work to protect creditors’ interests during modifications and conversions to Chapter 7 bankruptcy.
7. Discharge and Post-Bankruptcy Updates
Once the debtor completes their plan, the remaining unsecured debts are discharged. I assist creditors in ensuring proper reporting and addressing any unresolved issues.
Why Choose My Representation?
As someone who previously represented thousands of debtors, I understand their strategies and challenges. This insight allows me to anticipate potential issues and develop effective solutions for creditors. Whether it’s enforcing claims, litigating disputes, or recovering arrears, my experience ensures creditors are fully protected throughout the bankruptcy process.
Areas of Service
I provide creditor representation in Houston and surrounding areas, including:
- Cities: Katy, Sugar Land, Pearland, Friendswood, Clear Lake, Galveston, The Woodlands, Spring, Tomball, Baytown, and Channelview.
- Counties: Brazoria, Chambers, Galveston, Matagorda, Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, and Wharton.
Contact Me for Chapter 13 Creditor Advocacy
If you are a creditor navigating a Chapter 13 bankruptcy case, my expertise ensures your claims are protected and maximized. Contact me today to learn how I can assist you.