Jeff Fernandez and Associates PLLC
Reliable Chapter 13 Bankruptcy Lawyer in Dallas
If you're facing mounting debt and struggling to keep up with payments, Chapter 13 bankruptcy may offer a path to financial recovery without losing your assets. At Jeff Fernandez and Associates PLLC in Dallas, TX, we specialize in Chapter 13 bankruptcy filings, helping individuals and families reorganize their debts and avoid foreclosure. With years of experience, our legal team is committed to providing personalized support tailored to your specific financial needs.
What is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy, often referred to as "debt reorganization," allows individuals with a steady income to restructure their debts into a manageable repayment plan. Unlike Chapter 7 bankruptcy, which may involve liquidating assets, Chapter 13 enables you to keep your property while you make monthly payments to your creditors over a 3-5 year period.
This form of bankruptcy is ideal for those who are behind on mortgage payments or facing foreclosure, as it can help you catch up on past-due amounts and save your home. Additionally, Chapter 13 may provide relief from credit card debt, medical bills, and other unsecured debts.
Eligibility for Chapter 13 Bankruptcy in Dallas
To qualify for Chapter 13 bankruptcy, you must meet certain income and debt requirements. Unlike Chapter 7 bankruptcy, which is subject to the means test, Chapter 13 allows individuals with regular income to file, regardless of income level. However, there are limits to the amount of debt you can have:
- Unsecured debt limit: $465,275 (as of 2025)
- Secured debt limit: $1,395,875 (as of 2025)
If your debts exceed these limits, you may not be eligible for Chapter 13 bankruptcy. At Jeff Fernandez and Associates PLLC, our team will thoroughly assess your financial situation to ensure that Chapter 13 is the right option for you.
The Chapter 13 Bankruptcy Process
Filing for Chapter 13 bankruptcy involves several steps, each crucial to successfully restructuring your debt. Here's a breakdown of the process:
Initial Consultation and Case Review
The process begins with an initial consultation where we review your financial situation. We'll discuss your debts, assets, income, and expenses to determine if Chapter 13 bankruptcy is the best solution for you.
Filing the Petition and Repayment Plan
Once we’ve determined that Chapter 13 bankruptcy is appropriate, we’ll help you prepare and file your petition with the court. Along with your petition, we’ll submit a detailed repayment plan that outlines how you intend to repay your debts over the next 3-5 years.
The Automatic Stay
Upon filing for Chapter 13 bankruptcy, an automatic stay is triggered, which halts all collection actions from creditors. This includes stopping wage garnishments, foreclosure proceedings, and creditor harassment, giving you the breathing room to reorganize your finances.
Meeting of Creditors
After your petition is filed, a 341 meeting of creditors will be scheduled. At this meeting, you’ll meet with a bankruptcy trustee who will review your repayment plan and financial disclosures. Creditors may also attend, but they rarely do. Our legal team will prepare you for this meeting and ensure everything goes smoothly.
Confirmation of the Repayment Plan
Once the meeting of creditors is complete, your repayment plan will be submitted to the bankruptcy court for approval. If the court approves your plan, you will begin making regular payments to the trustee, who will distribute the funds to your creditors according to the agreed-upon terms.
Completion of the Repayment Period
Over the course of 3 to 5 years, you will make regular monthly payments toward your debt as outlined in your plan. After successfully completing the repayment period, any remaining qualifying unsecured debt will be discharged, meaning you are no longer obligated to repay it.
Benefits of Chapter 13 Bankruptcy
While Chapter 13 bankruptcy is not the right solution for everyone, it offers several key benefits for those who qualify:
Protect Your Property
If you’re at risk of losing your home due to foreclosure or your car due to repossession, Chapter 13 allows you to catch up on overdue payments and avoid losing your property.
Eliminate or Reduce Unsecured Debt
Chapter 13 allows you to reduce the total amount of unsecured debt (such as credit card bills) through a structured repayment plan. Depending on your financial situation, some of your debts may even be discharged at the end of the repayment period.
Avoid Foreclosure
One of the most significant benefits of Chapter 13 bankruptcy is its ability to stop foreclosure proceedings. If you’ve fallen behind on mortgage payments, Chapter 13 can provide you with a chance to bring your payments current and save your home.
Easier Management of Debts
By consolidating your debt into one manageable monthly payment, Chapter 13 can provide relief from the overwhelming burden of juggling multiple bills and creditors.
Common Debts Handled by Chapter 13 Bankruptcy
Chapter 13 bankruptcy is effective in reorganizing various types of debt, including:
- Mortgage arrears (past-due mortgage payments)
- Auto loan arrears (past-due car payments)
- Credit card debt
- Medical bills
- Personal loans
- Unpaid utility bills
However, certain debts, such as student loans, child support, and alimony, are generally not dischargeable in Chapter 13 bankruptcy.
Why Choose Jeff Fernandez and Associates PLLC for Chapter 13 Bankruptcy in Dallas?
At Jeff Fernandez and Associates PLLC, we understand the financial stress that comes with overwhelming debt, and we are committed to helping you find the most effective solution. With a deep understanding of Chapter 13 bankruptcy and a dedication to client-focused service, we are here to guide you through every step of the process. Whether you are facing foreclosure or struggling with debt, our team is ready to help you regain control of your finances.
If you are considering filing for Chapter 13 bankruptcy in Dallas, TX, contact Jeff Fernandez and Associates PLLC today to schedule a consultation. Let us help you take the first step toward financial freedom.