We have moved our Killeen office from Suite 107 to 106B (next door to previous office) in the One Killeen Center.

Skip to content
   

Chapter 13 Bankruptcy Attorney in Waco, Killeen, and Central Texas

Chapter 13 Bankruptcy

When you are considering bankruptcy in Waco or elsewhere in Texas, Erin B. Shank and her legal staff are here to help. Erin has nearly 40 years of experience in the field, and her practice is dedicated exclusively to bankruptcy law.

Erin is committed to your safety and your convenience:

  • She offers virtual and remote services with no in-person meetings. You can discuss your entire financial situation and get answers to your financial questions in a free telephonic conference.
  • Erin electronically gathers the bankruptcy documents you need.
  • Erin meets with you via Zoom to go over all your bankruptcy paperwork to make sure that it is perfect before it is filed
  • Erin obtains your signature touch-free through DocuSign ─ a simple email sent to your email account
  • Erin represents you in a telephonic court appearance with the Trustee.

Erin also offers several free videos that answer questions her clients frequently ask. Click here to watch any of those videos where Erin answers typical questions regarding bankruptcy and debt relief. Ready to take the next step? Get in touch with Erin today. Contact her online or call her now to get started.

What is the difference between Chapter 13 and Chapter 7?

Chapter 13 is a type of case in which you are actually in an active bankruptcy case for three to five years. You cannot purchase assets are incur debts for that entire time period. Your wages and your income tax refunds are garnished to repay your creditors for three to five years. Another bankruptcy attorney, called the Chapter 13 Trustee, is paid a 10% commission on each payment you make to your creditors. You must report any changes of income during the entire three to five year time period so that the Trustee can move to actually increase your monthly garnishment. Chapter 13 is financial prison.

Texas is a non-garnishment state. That means most creditors, excluding child support, student loans, taxes and some out of state creditors, cannot garnish your wages. However, when you file a Chapter 13 bankruptcy case in Texas, you are asking a federal judge to garnish your wages, even though you live in a non-garnishment state, to pay your creditors.

Erin uses Chapter 13 as a last resort. She will attempt to find all other viable alternatives, including alternatives available under non-bankruptcy law, to address your financial problems. If someone has told you that Chapter 13 is the only way to address your financial situation, please contact us for a free, virtual initial consultation to discuss your options.

Is Chapter 13 the only option to retain my home if I am behind on my mortgage and facing foreclosure?

Absolutely not. If you file Chapter 13 to save your home, your mortgage payments will actually increase, not decrease, making it more probable that you many lose your home. This is because the Chapter 13 Trustee actually makes your mortgage payments for you, through a wage garnishment, and charges a 10% commission on each payment he makes for you. For instance, if your monthly mortgage payment is $1,000.00, if you file a Chapter 13 case you mortgage payment will be $1,000.00, plus the 10% commission resulting in a new mortgage payment of $1,100.00. Additionally, all your past due payments, plus interest and plus another 10% commission to the Chapter 13 Trustee, are garnished from your wages. A typical client with a house payment of $1,100.00 can see his/her monthly payment increase to $2,500.00 or $3,000.00 in a Chapter 13 case.

Erin therefore tries every other alternative other than filing a Chapter 13 case in order to save homes for clients that are delinquent on their mortgage payments. She files Chapter 7 cases to stop the foreclosure and applies for a home loan modification in order to cure her clients’ delinquent mortgage payments. In those modification applications, she also requests and obtain reductions in mortgage interest rates and extensions of the terms of the mortgages in order to reduce her clients’ mortgage payments, rather than increasing them through a Chapter 13 bankruptcy case filing.

If someone has told you that Chapter 13 is the only way to retain you home, please contact Erin B. Shank for a free, virtual initial consultation to get a second opinion from an attorney with almost four decades of experience in bankruptcy law.

Chapter 13 May Not Be Your Best Option

Chapter 13 is not the best option for most people with financial problems. It is a three to five year wage and income tax refund garnishment. If you are considering a Chapter 13 bankruptcy, there are likely alternative ways to handle your financial situation.

If you have decided to pursue a Chapter 13 bankruptcy, speak with bankruptcy attorney Erin B. Shank, and get a second opinion. Erin may be able to develop a plan that gets the results you want without the negatives of a Chapter 13 case, Before you commit yourself to a five year active bankruptcy case, make sure you have explored all of your alternatives!

Dismissal and Discharge Under Chapter 13 – What’s the Difference?

Under Chapter 13, your case may be dismissed or discharged. It is important that you understand the difference:

  • Dismissal – A dismissal usually occurs when the court throws a case out for any number of reasons. The vast majority of Chapter 13 cases are not successful and result in dismissal. This results in a bankruptcy filing appearing on your credit report, but you still owe all of your creditors because your case was dismissed, not discharged.
  • Discharge – A debtor receives a Chapter 13 discharge only if he/she makes all of the Chapter 13 plan payments over the three to five year plan. If you don’t surrender all of your income tax refunds to the Trustee during that time period, your case is dismissed. A Chapter 13 discharge is very hard to achieve because people’s financial situations occurs over three to five years…they lose jobs, get divorced, get sick, etc. This is why Chapter 13 debtors receive a discharge much less frequently than individuals who file Chapter 7 cases in which a discharge is almost always granted.

Talk to a Waco/ Killeen/Central Texas Chapter 13 Bankruptcy Lawyer Now

Are you considering a Chapter 13 bankruptcy? Do you need a Chapter 13 bankruptcy lawyer in Waco, Killeen, Temple, or the other communities in Central Texas? Make the right move by contacting Erin B. Shank today.

Erin is committed to your safety and convenience. She offers a 100% virtual process including telephonic and Zoom consultations, electronic document gathering, digital signatures, and efiling. You never have to leave the comfort and safety of your own home when you file bankruptcy with the law firm of Erin B. Shank, P.C.

Erin has nearly 40 years of experience, and her practice is devoted entirely to bankruptcy. Erin has the skills and experience you deserve. For a free virtual consultation, contact Erin online or call her today.

Associations & Awards
  • avvo
  • state bar of texas
  • avvo
  • state bar of texas
  • nacba
Law Pay Image
Our Locations
Killeen Office
Waco Office