Chapter 13 bankruptcy
Chapter 13 lets individuals repay some or all of their debts under a court-approved plan. It is often the right choice if you are behind on your mortgage or your income is too high for Chapter 7.
What Chapter 13 can do
- Stop a foreclosure sale or vehicle repossession.
- Repay mortgage or car loan arrears over three to five years.
- Remove a second mortgage if the home is worth less than the balance on the first.
- Pay taxes over the life of the plan.
Frequently asked questions
How does Chapter 13 stop a foreclosure?
Filing before the foreclosure sale stops the sale. You then propose a plan to repay the arrears over three to five years while resuming regular mortgage payments. For example, $30,000 in arrears can generally be repaid at $500 a month over 60 months.
Can Chapter 13 eliminate a second or third mortgage?
Sometimes. If your home is worth less than you owe on the first mortgage, including arrears, we can ask the court to eliminate junior mortgages and other liens, such as real estate attachments.
How are unpaid taxes handled?
Taxes that cannot be discharged, including meals, sales and payroll taxes and recent income taxes, can be paid through the plan.
On the Chapter 7 trustee panel since 1997.
- Chapter 7 trustee, District of Massachusetts, since 1997
- Involved in more than 750 bankruptcy cases a year as trustee and as counsel to debtors
- Named a Massachusetts Super Lawyer every year from 2005 through 2026
- AV Preeminent rating, Martindale-Hubbell
- Member, American Bankruptcy Institute
- Lecturer, Massachusetts Continuing Legal Education
- Quoted in The New York Times, The Boston Globe, the Boston Herald and The Providence Journal, and a guest on FOX 25 Boston
Talk to us before you decide anything.
No obligation and no cost for an initial meeting. You may or may not become a client, and that’s okay. We’ll point you in the right direction.
PHONE508-543-0040
EMAILmadoff@mandkllp.com
OFFICEPine Brook Office Park
124 Washington St., Foxborough, MA 02035
Sending this form does not create an attorney-client relationship. Please don’t include confidential details until we speak. This form is protected by reCAPTCHA, and the Google Privacy Policy and Terms of Service apply.