Practice areas  /  Bankruptcy  /  Chapter 13
Bankruptcy

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.

Overview

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.
Questions

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.

Attorney David B. Madoff

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
Free consultation

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

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