Understanding the role of Chapter 13 bankruptcy trustee and their critical functions

 Chapter 13 bankruptcy, also known as “Wage Earner’s Plan”, is offered to individuals who need some extra time to pay off their outstanding debt. To qualify for Chapter 13, the debtor must have a steady income from various sources, and should not have more than $2,750,000 in unsecured debts, and $2,750,000 in secured debts. The debtor is given 3 to 5 years of time to repay their outstanding debt, and must demonstrate the ability to make the scheduled payment based on their income. The proposed plan must be feasible, and for this, the bankruptcy court will appoint a trustee to work out the plan, and how to repay the creditors.  

  

The trustee has an important role to play in Chapter 13 bankruptcy. He will ensure that the proposed repayment plan complies with legal requirements, and is feasible based on the debtor’s income and expenses. The role of Chapter 13 bankruptcy trustee is quite comprehensive, he has to collect monthly payments from the debtor, and distribute them to the creditors as per the approved repayment plan. There is a strict priority order to repay the debts, child support and taxes are paid first and foremost, followed by secured and unsecured debts.   

  

Other key components that are part of the role of Chapter 13 bankruptcy trustee are:  

  

·         The trustee ensures that the submitted financial facts are detailed and questions the debtor who attends the meeting with any queries regarding the same. The trustee can also challenge the feasibility of the repayment plan especially if the expenses are high or not reasonable.  

 

·         The trustee is part of the confirmation hearing of the bankruptcy case and this meeting is scheduled approximately twenty to forty-five days after the creditors meeting. He shares the approval of the repayment plan with the judge and also raises concerns if there are objections from his end or the creditors. The Confirmation Hearing can be rescheduled if the trustee’s requirements haven’t been met by the debtor or his attorney  

 

·         The trustee manages the claims that are aimed at the estate, and it indicates that all the assets are now under the direct control of the court. The liquidation or any action on this estate needs to be approved by the bankruptcy trustee.    

  

·         If the debtor receives any property or becomes entitled to receive it within 3 months from the filing of bankruptcy, then it needs to be reported as inherited property/ entitled to inherit, property from a marital settlement or a divorce or the benefits after a death or life insurance proceeds.  

  

·         In cases of the inherited property being non-exempt, then the repayment plan needs to be revised to pay off the unsecured creditors as appropriate as needed.  

  

·         All approved plans by the court are effectively dealt with for their complete and effective fulfillment by the Chapter 13 bankruptcy trustee. The financial affairs of the debtor are reorganized and the payments to the creditors are channelized. The trustee will closely work to prevent any activities of abuse or fraud towards the debtor’s estate.  

  

If you are in a situation where your debts have become overwhelming, and consider filing for bankruptcy, then you can contact specialist bankruptcy attorneys at the Recovery Law Group. They have helped thousands earlier with successful filing for bankruptcy under Chapter 7, Chapter 11, and Chapter 13, and can help also with your bankruptcy filing. Schedule a free consultation with Recovery Law Group for more details.   

 

All that you need to about bankruptcy and expectations in bankruptcy consultation

You may feel the need to file for bankruptcy for many reasons, like your debts have become overwhelming and unmanageable, or you experienced job loss or reduction in income, that may make it hard to keep up with your payments and other regular financial commitments. Though filing of bankruptcy could be a difficult decision, especially when it has a stigma attached to it, nevertheless, it’s a legal option that gives you a chance to put your business together and have a financial restart.

However, not everyone is aware of which type of bankruptcy they qualify for, and how to proceed with it. It’s here that the expertise of specialist bankruptcy lawyers, such as Recovery Law Group, can make all the difference to your financial future. When you consult for bankruptcy, you will come to know that all individual bankruptcy cases are handled by federal courts in the USA. Most individual bankruptcies are filed either under Chapter 7, or Chapter 13 of the US Bankruptcy Code. 

You may be advised to file for Chapter 7 bankruptcy in case your average monthly income for the size of your family is less than the Median Income of a similar-sized family in your state. However, if you fail this Means Test, you may be advised to file for it under Chapter 13 wherein you will be given a period of three to five years to pay all your debts. Any debts after the completion of bankruptcy will be discharged or eliminated. 

 

However, before meeting your bankruptcy lawyer, you should be able to fulfill the below expectations in bankruptcy consultation, and have the following documentation ready:-

•         Bank statements
•         Loan agreements
•         Creditor’s information
•         Contract information
•         Receipts for any payments made
•         Foreclosure documents in case proceedings are pending
•        Correspondence with creditors (sue notice etc.)

Your creditors can no longer harass you 

All these and related documents will help the attorney with all background information about your financial problems. With this information at hand, work for the bankruptcy proceedings can be initiated sooner.

However, with experienced and specialist bankruptcy attorneys, you can have more expectations in bankruptcy consultation, such as the attorney will be able to enforce the Automatic Stay as soon as the bankruptcy is filed successfully. Intimidation will be sent to all your creditors by the attorney about your bankruptcy filing, and they will be informed to stop all their collection activities immediately, including calls, home or office visits, emails, letters, etc. One key expectation in bankruptcy consultation is that your creditors cannot contact you directly for any collection activities after filing for bankruptcy, rather they have to deal with your attorney afterward.

 

Not all is lost, some assets are still protected 

Another expectation in bankruptcy consultation is that your attorney will be able to avoid foreclosure or repossession of your house, and you may be able to keep a small car, and other essentials. Not all is lost even when you file for bankruptcy and your assets are liquidated to pay some parts of your debts to your creditors under the supervision of a court-appointed trustee. Some assets like homestead exemption of $27,900, tools of trade, car of up to $4,450 equity, clothing, social security benefits, disability payments, veterans’ benefits, and more. For more information on expectations in bankruptcy consultation, please contact Recovery Law Group.      

Your options for filing bankruptcy Austin TX, and where to find specialist bankruptcy lawyers

 Bankruptcy gives an individual or a business the option to get a fresh financial restart by forgiving some debts that they cannot repay, or working out a repayment plan over an extended period of time, based on their assets available for liquidation. Although sometimes confused with insolvency, both terms are different, and have their distinct legal significance. Insolvency indicates the inability to meet debts, while bankruptcy is a legal adjudication that the debtor or the creditor has filed for this status. Filing bankruptcy Austin TX may be unavoidable in some circumstances, which will provide you wih immediate relief from creditors' harassment.  

  

Filing bankruptcy Austin TX under Chapter 7 can discharge your certain assets, so you won’t need to pay them anymore. As per the absolute priority rules, unsecured debts are discharged first, followed by secured debts. Examples of unsecured debts include child support, personal injury claims, and tax debts. Secured debts are backed by collaterals like a property, and the debtor can sell the backed property to recover their debt. Nonpriority unsecured debts are discharged in the last on a pro-rata basis. In order to filing bankruptcy Austin TX under Chapter 7, you must pass a Means Test. This is conducted to let only the deserving individuals file for Chapter 7 bankruptcy, and eliminate those who may try to use the bankruptcy provisions as a means to discharge their debt.   

  

What is a Means Test?   

To pass the Means Test, your average monthly income for the past six months should be less than the median income of the size of your family in the state of Texas. Moreover, you must undergo credit counseling within six months of filing bankruptcy Austin TX, before the Chapter 13 bankruptcy process begins. Your assets will be sold under the supervision of a federal court-appointed trustee to pay in full or part to your creditors, except exempt assets, such as tools of trade, personal vehicle of a certain value, and home of certain equity. However, if you have nothing but only exempt property, you may end up repaying no part of your exempt property while filing bankruptcy Austin TX.  

  

 

Filing for Chapter 13 Bankruptcy 

  

If you fail to pass the Means Test, specialist bankruptcy lawyers at Recovery Law Group may recommend you filing bankruptcy Austin TX under Chapter 13. A debt reorganization plan will be worked out in consultation with creditors by the court trustee, wherein you will be given the option to repay your debts over a period of three to five years. Chapter 13 bankruptcy will stop foreclosure proceedings that would have resulted in the seizure of your home by your creditors. You will pay an agreed upon some to the court trustee, that will effectively consolidate your debts into a single monthly plan.   

  

To qualify for filing bankruptcy Austin TX under Chapter 13, you must have a regular source of income, you must be current on your federal tax returns, and your total debts should be less than $3 million. You will be expected to begin making monthly payments within a month of filing for bankruptcy. Within 40 days of filing bankruptcy Austin TX, your trustee will convene a meeting, called a 341 Meeting, during which the trustee and your creditors can ask you questions about your finances. For more information on your bankruptcy options, please contact Recovery Law Group.   

 

Experienced medical bill attorneys to deal with your life-altering cases

In an ideal world, you would not struggle to pay for your medical expenses. Unfortunately, medical malpractices are not uncommon, and you may be asked for bills that you will have a hard time to pay. Your bill may contain inappropriate Current Procedural Terminology (CPT) codes that can result in payment denials by your insurance carrier, and in overcharges by hospitals, physicians, and other providers. There is often a comprehensive CPT code to perform two services or procedures, particularly when they are commonly performed together. Medical billers may inappropriately unbundle charges for these services that would result in overbilling.   

  

You may have no idea of the codes and numbers reflecting on your hospital bill. However, a specialist medical bills lawyer, who is familiar with codes, knows what they mean, and easily spot errors in them. That way, you won’t have to pay for anything that you shouldn’t do. They may even negotiate with billing divisions and insurance firms. Hospitals are often willing to negotiate as they expect insurance providers to push back on prices they give, and accept a lower payment, than no payment at all. Many hospitals have financial aid programs for those with limited means, or struggling with larger bills.     

  

Contesting prices and seeking discounts   

The experienced eyes medical bills attorneys, such as the ones available with Recovery Law Group, can notice such errors, and scrutinize the billing details. The attorney will meticulously review medical bills records, and identify any discrepancies or inflated charges. A comparison of the bill can reveal charges for services or products that you did not receive. The error may creep in as the biller may have confused one patient with another, or a wrong patient for a service. When the billing is excessive, your insurance provider may legitimately deny payment for a bill. Your medical bills lawyer may even contest prices and seek discounts. At the same time, they may examine the legal aspects related to breach of contract or other actionable claim.   

  

Specialist medical bills attorneys at Recovery Law Group have extensive experience dealing with medical bills and the medical billing system from the caregiver’s and insurance providers’ perspectives. In case of a claim rejection, the attorney can assist you in navigating the complex appeals process by presenting the appropriate information most effectively.   

  

Extinguishing your medical and other debts   

Leveraging their knowledge of medical billing and insurance policies, medical bill attorneys at Recovery Law Group can strive to secure a favorable settlement or judgment in your favor. The actual compensation that you may be entitled to will depend on the complexity of your case, the severity of injuries, the billing practices of your healthcare provider, and the laws that apply to your specific situation. The law firm has helped thousands of individuals receive surprise bills, successfully collected money for them, and extinguished their debt. Recovery Law Group also has specialist bankruptcy lawyers to help you file for bankruptcy if your debts have become unmanageable. Bankruptcy will help you organize your debts, get a fresh financial start, and also legally protect you from creditors’ harassment activities.