Seattle &
Western Washington Area Lawyer
Bankruptcy
and Criminal Defense Law
Bankruptcy
and Criminal Defense Law
Make the Right Move ... Call an Experienced Attorney for Help
A Chapter 13 case begins by filing a petition with the bankruptcy court serving the area where the debtor has a domicile or residence. Unless the court orders otherwise, the debtor must also file with the court:The debtor must also file a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received six months before filing, copies of the debtors recent banking and investment statements; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts.
The debtor must provide the Chapter 13 case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case.
In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:
When an individual files a Chapter 13 petition, an impartial trustee is appointed to administer the case. The Chapter 13 trustee both evaluates the case and serves as a disbursing agent, collecting payments from the debtor and making distributions to creditors. 11 U.S.C. § 1302(b).
Filing the petition under Chapter 13 "automatically stays" (stops) most collection actions against the debtor or the debtor's property.
Filing the petition does not, however, stay certain types of actions and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.
Chapter 13 also contains a special
automatic stay provision that protects co-debtors. Unless the
bankruptcy court authorizes otherwise, a creditor may not seek to
collect a "consumer debt" from any individual who is liable along
with the debtor. Consumer debts are those incurred by an individual
primarily for a personal, family, or household purpose.
Individuals may use a Chapter 13 proceeding to save their home from
foreclosure. The automatic stay stops the foreclosure proceeding as
soon as the individual files the Chapter 13 petition. The individual
may then bring the past-due payments current over a reasonable
period of time.
Nevertheless, the debtor may still lose the home if the mortgage company completes the foreclosure sale under state law before the debtor files the petition. The debtor may also lose the home if he or she fails to make the regular mortgage payments that come due after the Chapter 13 filing.
Between 20 and 50 days after the debtor files the Chapter 13 petition, the Chapter 13 trustee will hold a meeting of creditors. During this meeting, the trustee places the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding his or her financial affairs and the proposed terms of the plan.
If a husband and wife file a joint petition, they both must attend the creditors' meeting and answer questions. In order to preserve their independent judgment. The parties typically resolve problems with the plan either during or shortly after the creditors' meeting.
Generally, the debtor can avoid problems by making sure that the petition and plan are complete and accurate, and by consulting with the trustee prior to the meeting.
Aaron offers a complimentary half-hour phone consultation to discuss your case. For criminal issues, you can call 24 hours a day, and if needed, Aaron will meet you at jail or at the courthouse. In the Seattle, Tacoma and Everett areas of Washington, contact attorney Aaron Nielson regarding your bankruptcy or criminal defense case.
We assist clients living in the western side of Washington. In most cases we can come to you. We have and will continue to serve clients in most cities including Seattle, Bellevue, Lake Washington, Sammamish, Newcastle, Issaquah, Ames Lake, Carnation, Fall City, Snoqualmie, North Bend, Mirrmont, Hobart, Maple Heights, Kangley, Ravensdale, Black Diamond, Lea Hill, Covington, Auburn, Algona, Lakeland South, Edgewood, Tacoma, Fife, Federal Way, Kent, Des Moines, O'Brien, East Hill, Meridian, Normandy Park, SeaTac, Burien, Bryn, White Center, Mercer Island, Clyde Hille, Medina, Yarrow Point, Yarrow Bay, Kirkland, Redmond, Union Hill, Novelty Hill, Inglewood, Woodinville, Duval, Cottage Lake, Kenmore, Bothell, Shoreline, Woodway, Mountlake Terrace, Brier, Edmonds, Lynnwood, Perrinville, Alderwood, Manor, North Creek, Matitby, Cathcart, Monroe, Woods Creek, Sultan, Goldbar, Silver Firs, Snohomish, Three Lakes, Mukilteo, Everett, Lake Stevens, Tulalip, Marysville, Smokey Point, Arlington, Silvana, Warm Beach, Starwood, Skagit City, Mt Vernon, Burlington, Alger, Lyman, Hamilton, Edison, Acme, Geneva, Bellingham, Marietta, Ferndale, Custer, Blaine, Lynden, Everson, Deming, Maple Falls, Orcas Island, Lopez Island, Anacortes, Oak Harbor, Friday Harbor, San Juan Island, Fort Casey, Keystone, Freeland, Whidbey Island, Clinton, Langley, Camano Island, Port Townsend, Port Hadlock - Irondale, Marrowstone, Port Ludlow, Sequim, Carlsborg, Port Angeles, Blyn, Bell Hill, Forks, La Push, Ocean Shores, Ocean City, Hoquiam, Aberdeen, Elma, Montesano, Raymond, Tokeland, Grayland, Humptulips, Neilton, Brady, Satsop, McCleary, Malon-Porter, Oakville, Rochester, Grand Mound, Centralia, Tumwater, Olympia, Lacey, Shelton, Dupont, Fort Lewis, Rainier, Tenino, Bucoda, Fords Prairie, Lakewood, Parkland, Spanaway, Elk Plain, Graham, Orting, Bonney Lake, Eatonville, Napavine, Winlock, Vader, Toledo, Mossyrock, Morton, Castle Rock, Kelso, Longview, Kalama, Woodland, Ridgefield, Vancouver, Scappose, Felida, Walnut Grove, Five Corners, Ordhards, Camas, Mill Plain, Brush, Meadow Glade, Lewisville, Amboy, Yacolt, Enumclaw, Greenwater, Easton, Cle Elum, Bristol, Thorp, Ellensburg, Kittas, Leavenworth, Cashmere, Sunnyslope, Wenatchee, George, Yakima, Naches, Gleed, Union Gap, Moxee, Wapato, Royal City. This includes counties for King, Snohomish, Skagit, Whatcom, San Juan, Island, Kitsap, Clallam, Jefferson, Gray's Harbor, Pacific, Wahkiakum, Mason, Thurston, Lewis, Cowlitz, Clark, Skamania, Pierce, Chelan, Kittitas, Yakima, Clickitat.
Areas of Practice