How You Can Help Get Your Chapter 13 Case Confirmed

  Although Chapter 13 involves dozens of pages of legal pleadings prepared by your lawyer, you should not forget that you are the key to successfully creating a Chapter 13 plan and persuading your judge to issue an order of confirmation.

  First and foremost, you should recognize that Chapter 13 is a payment plan that will last at least three, but most likely close to five years.  When you sign your plan and petition, you are obligating yourself to a five year contract.  If you are not 100% convinced that you can fulfill your obligations, then don’t sign the papers.

  Bankruptcy is certainly a last resort.  And if you find yourself sitting in front of a bankruptcy lawyer, everything should be on the table.  While it is human nature to try and save your assets - your house, your car, your furniture - you should not get too caught up in things.  Your peace of mind is much more valuable, financially, emotionally and in terms of your health.

Clark and Washington’s Rules for Getting Your Chapter 13 Case Confirmed

• Don’t enter into a plan that you cannot afford - think carefully about what you spend each month and whether you can make a five year plan work.
   
• Remember that you and you alone are responsible for funding your Chapter 13 plan.  Even if we set up a payroll deduction in your case, you are ultimately responsible for making sure that payments are deducted and sent in.
   
• You will need to maintain insurance on your house and car - if you let the insurance lapse, those creditors will ask the court for permission to take your property away
   
• If you see a problem coming - a layoff, a medical procedure - call our office as soon as you can.  We may be able to buy you some time. 
   
• Recognize that we may have to increase you plan payment.  As your attorneys we will represent you zealously and we will present a Chapter 13 plan that works on paper but may not make your creditors happy.  Sometimes these aggressive provisions work, but sometimes they don’t.  You need to clearly advise your Clark and Washington attorney about your absolute bottom line payment.  If we can’t make a case work at or below that level, we may need to talk about surrendering property or looking at Chapter 7.