
Chapter 13 Bankruptcy Attorney in Denver, Colorado
Experienced Denver Chapter 13 Bankruptcy Lawyers
If you're behind on your mortgage, facing foreclosure, struggling with IRS tax debt, or need a manageable way to repay your creditors, Chapter 13 bankruptcy may provide the financial relief you need. At Roberson Law, LLC, our experienced Denver Chapter 13 bankruptcy attorneys help individuals create court-approved repayment plans that protect their property while resolving overwhelming debt.
We offer free consultations to help you understand your options and determine whether Chapter 13 bankruptcy is the right solution for your financial situation.
What Is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is a federal legal process that allows individuals with regular income to reorganize their debts through a structured repayment plan lasting three to five years.
Unlike Chapter 7 bankruptcy, which can eliminate many debts without a repayment plan, Chapter 13 allows you to keep valuable property while catching up on overdue payments over time.
For many people, Chapter 13 is an excellent option when they need more time to regain financial stability without losing their home, vehicle, or other important assets.
What Are the Benefits of Chapter 13 Bankruptcy?
Chapter 13 bankruptcy offers several advantages that may not be available through Chapter 7.
Depending on your circumstances, Chapter 13 may allow you to:
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Stop a home foreclosure and catch up on missed mortgage payments
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Prevent vehicle repossession
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Stop wage garnishments
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Stop IRS and Colorado Department of Revenue collection actions
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Repay tax debts over several years
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Consolidate debts into one affordable monthly payment
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Protect valuable property that could otherwise be sold in Chapter 7
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Restructure certain vehicle loans
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Remove qualifying second mortgages from your home through lien stripping
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Catch up on past-due secured debts while keeping your property
Every bankruptcy case is different. Our Denver bankruptcy attorneys will evaluate your financial situation and explain which benefits may apply to you.
Can Chapter 13 Bankruptcy Stop Foreclosure?
Yes.
One of the most common reasons people file Chapter 13 bankruptcy is to save their home from foreclosure.
When your Chapter 13 case is filed, the automatic stay immediately stops most foreclosure proceedings. Your repayment plan then allows you to catch up on missed mortgage payments over three to five years while continuing to make your regular monthly mortgage payments.
For many homeowners, Chapter 13 provides the opportunity to keep their home and avoid foreclosure.
Can Chapter 13 Help with IRS Tax Debt?
Yes.
Chapter 13 bankruptcy can often allow you to repay certain tax debts over several years through your court-approved repayment plan.
This can stop wage garnishments, bank levies, and other collection actions by the IRS or the Colorado Department of Revenue while giving you time to become current on your tax obligations.
Can Chapter 13 Reduce My Car Loan?
In some situations, yes.
If your vehicle is worth substantially less than the amount you owe, Chapter 13 may allow you to reduce the secured portion of your loan to the vehicle's current market value. This process, commonly called a "cramdown," may lower your monthly payments and reduce the total amount you must repay, depending on the age of the loan and other legal requirements.
Our attorneys can determine whether this option is available in your case.
Can Chapter 13 Remove a Second Mortgage?
Some homeowners may qualify to eliminate a second mortgage or home equity line of credit through a process known as lien stripping.
If the value of your home is less than the balance owed on your first mortgage, a wholly unsecured second mortgage may be treated as unsecured debt and discharged after successfully completing your Chapter 13 repayment plan.
Whether lien stripping is available depends on the value of your home and the amount owed on your mortgages.
Do I Qualify for Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is generally available to individuals—not corporations or most business entities—who have regular income and meet the debt eligibility requirements established by federal bankruptcy law.
Eligibility requirements and debt limits are periodically adjusted by Congress, so the current limits should be reviewed when evaluating your case.
Many people choose Chapter 13 because:
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Their income is too high to qualify for Chapter 7.
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They have significant equity in their home or other assets they want to protect.
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They need time to catch up on mortgage or vehicle payments.
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They owe tax debt that cannot immediately be paid.
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They want to stop foreclosure or repossession.
If you've previously filed bankruptcy, waiting periods may affect whether you are eligible to receive another discharge. However, even if a discharge is not currently available, filing Chapter 13 may still provide important protections, including stopping foreclosure and giving you time to catch up on missed payments.
Our attorneys will review your financial circumstances and explain your available options.
How Does the Chapter 13 Bankruptcy Process Work?
Step 1: Free Consultation
We begin by reviewing your financial situation, income, assets, debts, and goals to determine whether Chapter 13 is the best solution.
Step 2: Preparing Your Bankruptcy Petition and Repayment Plan
Our legal team gathers your financial information, prepares your bankruptcy petition, and develops a proposed repayment plan that complies with bankruptcy law.
Step 3: Filing Your Case
After your case is filed, the automatic stay immediately stops most creditor collection efforts, including foreclosure proceedings, lawsuits, wage garnishments, and repossessions.
Step 4: Meeting of Creditors (341 Meeting)
Approximately one month after filing, you will attend a Meeting of Creditors, where a bankruptcy trustee asks questions about your financial information.
Your attorney will prepare you beforehand and attend the hearing with you.
Step 5: Plan Confirmation
If creditors or the trustee raise objections, we work on your behalf to resolve those issues and, if necessary, modify your repayment plan.
Once approved by the bankruptcy court, your Chapter 13 repayment plan becomes legally binding.
Step 6: Completing Your Repayment Plan
You make your monthly plan payments over three to five years.
After successfully completing the plan and satisfying all legal requirements, the bankruptcy court issues a discharge that eliminates qualifying remaining debts.
Why Choose Roberson Law, LLC for Chapter 13 Bankruptcy?
Financial difficulties can feel overwhelming, but you don't have to face them alone.
Our Denver Chapter 13 bankruptcy attorneys help clients:
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Stop foreclosure and protect their homes
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Prevent repossessions
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Resolve tax debt
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Stop wage garnishments
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Protect valuable assets
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Develop affordable repayment plans
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Navigate every step of the bankruptcy process
We take the time to explain your options, answer your questions, and provide experienced legal guidance from your initial consultation through the successful completion of your case.
Frequently Asked Questions About Chapter 13 Bankruptcy
How long does Chapter 13 bankruptcy last?
Most Chapter 13 repayment plans last between three and five years, depending on your income and financial circumstances.
Will I lose my home if I file Chapter 13?
In many cases, no. Chapter 13 is specifically designed to help eligible homeowners keep their homes while catching up on missed mortgage payments.
Can Chapter 13 stop wage garnishment?
Yes. Filing Chapter 13 generally triggers an automatic stay that immediately stops most wage garnishments and other collection efforts.
Can I keep my car?
Many people are able to keep their vehicles through Chapter 13 by catching up on missed payments or restructuring certain vehicle loans when permitted under bankruptcy law.
Is Chapter 13 better than Chapter 7?
Neither chapter is inherently better. The right option depends on your income, assets, debts, and financial goals. Our attorneys will explain the advantages and disadvantages of each so you can make an informed decision.
Schedule a Free Consultation with a Denver Chapter 13 Bankruptcy Attorney
If you're facing foreclosure, wage garnishment, tax debt, or overwhelming monthly payments, don't wait until your financial situation becomes more difficult.
Contact Roberson Law, LLC today to schedule your free one-hour consultation. We'll review your financial circumstances, explain your bankruptcy options, and help you determine whether Chapter 13 bankruptcy is the best path toward long-term financial stability.