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Chapter 13

A Chapter 13 Bankruptcy is a very powerful tool to stop foreclosure, repossession, and even wage garnishment. If you have any questions that are not answered below, please read through the Frequently Asked Questions page, Chapter 13 FAQ.

The bankruptcy laws are federal laws that are intended to help consumers have a "fresh start." This fresh start is designed to eliminate debts and/or repay them under the protection of the bankruptcy court. A Chapter 13 bankruptcy or consolidation is designed to allow the debtor to repay his debts over a period of three to five years.

At Robert A. Higgins & Associates, P. C., the process generally follows the following course:

Initial Consultation-At this meeting, your financial situation is examined. You are presented with several options available to you. If it is agreed that a Chapter 13 bankruptcy is most appropriate, you retain Robert A. Higgins & Associates, P.C. as your legal representation in this matter. In addition, you will be given paper work to fill out and a list of documents needed for this process, (such as tax returns, pay stubs, etc.).

Bring Back-This meeting usually occurs within a week of the initial consultation. We go over your paper work with you to ensure that we have all of the necessary information. If you have any additional questions, they will be answered as well. An accurate estimate of what your monthly payment will be calculated, (this payment amount is only as accurate as the information that you provide to us, so it is very important that you give us all of the information we request).

Signing-This meeting is the last step toward filing. You will review all of the documents and sign the petition. The petition is the document that will be filed with the court and has the amount of your monthly payments. Also at this meeting, you will be told the date that your first payment is due and to whom and what address to make the payment.

Filing-After the signing meeting, we will file your case and notice all of your creditors. Arriving at this point will usually take between two days and three weeks, depending on the urgency of your case and your work schedule.

341 meeting-Roughly 30-60 days after we file your case, there is a meeting called the 341 meeting or meeting of creditors. This meeting will take place on a Tuesday at the Trustee's office.

The Fort Worth Trustees' office is located at:

6851 NE Loop 820, suite 300
North Richland Hills, TX 76161
map

The Dallas Trustees' office is located at:

125 E John Carpenter Fwy
Suite 1100
Irving, TX 75062
map

Begin making monthly payments-Your first monthly payment is due 45 days after we file your case, regardless of whether your 341 meeting has occurred. Make sure that you make this payment on time and you include your name and case number on your payment. Your payment will be made to:

Fort Worth Trustee:
Tim Truman, Chapter 13 Trustee
P.O. Box 961076
North Richland Hills, TX 76161-1076

Dallas Trustee:
Tom Powers, Chapter 13 Trustee
P.O. Box 650704
Dallas, TX 75265

Discharge-After you have completed all of your payments, you will receive a discharge. This means that you do not owe any of the creditors that were included in your consolidation.