Going through a Chapter 13 bankruptcy can be an overwhelming process, and it’s very easy to get bogged down in legal and financial terminology. However, you do have rights as you go through the process in the Georgia court system.

Knowing what those rights are is an important part of protecting your remaining assets from unscrupulous creditors or debt collectors who are counting on you not knowing what they’re allowed to do and what’s protected under your bankruptcy proceedings. Here’s a quick look at some of your basic rights in a Chapter 13 bankruptcy.

What Are Your Rights in a Chapter 13 Bankruptcy?

• You’re not required to liquidate assets before the decision. The idea behind Chapter 13 bankruptcy is that you’re reorganizing your debts so that you can retain assets. Don’t let a creditor or debt collector convince you that you must sell assets to pay off your debt – that’s what happens in Chapter 7 bankruptcy.
• You can ask creditors and debt collectors to only contact you via mail. If they continue contacting you after you’ve requested contact only via mail, it may be an infringement on your rights and there are legal remedies available to you to pursue against those companies.
• You don’t have to sell your home or car, provided that you can continue making payments. It is, however, of vital importance that you meet your end of the agreement in a bankruptcy settlement by making regular, timely payments per your agreement with your creditors.
• You may be able to make arrangements for an amount owed for child support or alimony payments. These amounts can’t be discharged under a Chapter 7 bankruptcy, but may be able to be paid over time in a Chapter 13 bankruptcy. This allows you to meet your obligations during the process.
• You may be able to file a Chapter 13 bankruptcy after filing a Chapter 7 bankruptcy. There are situations where you can’t file a Chapter 7 bankruptcy, such as having filed this type of bankruptcy in the recent past, but a Chapter 13 bankruptcy is still an acceptable option.

By being aware of your rights in a Chapter 13 bankruptcy, you can ensure that you won’t be taken advantage of by creditors or debt collectors who may exaggerate on what their rights are under the law. However, your best defense in these situations is to have a Georgia attorney who knows bankruptcy law backward and forward. If you’re considering declaring Chapter 13 bankruptcy, you don’t have to go through the process alone! The experienced professionals at Clark & Washington are ready to help. Contact us today to schedule your free, no-obligation consultation.