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Chapter 13 Bankruptcy Attorney in Dayton

Guiding You Through Chapter 13 Bankruptcy Ohio - Call (937) 204-1555

Chapter 13 bankruptcy is an option for individuals and sole proprietors with insurmountable debt problems. This type of bankruptcy allows the debtor to create a repayment plan to pay off their creditors within 3 to 5 years. Chapter 13 works for individuals with a regular income and are able to use their disposable income to make payments.

However, corporations and partnerships may not file Chapter 13 and must turn to Chapter 11 or Chapter 7 bankruptcy for bankruptcy relief. The experienced Dayton bankruptcy attorneys at Fox & Associates Co., L.P.A. can explain what is involved and help you make informed decisions.

Eligibility to File Chapter 13

It is important to understand the requirements and limitations of a Chapter 13 bankruptcy and whether it meets your financial needs. As with other types of bankruptcy, you must meet the necessary eligibility requirements for filing.

Under the U.S. Bankruptcy Code, debtors have the following debt limits on filing Chapter 13:

  • Unsecured debts must be less than $360,475
  • Secured debts must be less than $1,081,400

Eligibility for filing Chapter 13 or any form of bankruptcy requires that you receive credit counseling from an approved credit counseling agency within 180 days before filing. Any debt management plans which are created during your counseling must also be filed with the court.

Benefits of a Chapter 13 Bankruptcy

A stable source of income, considerable assets, or non-exempt property not protected in Chapter 7, as well as the ability to make a monthly payment to a trustee, are usually the circumstances that make Chapter 13 the right choice. Depending on your disposable income, your repayment plan may consist of a three-year or a five-year plan.

Chapter 13 bankruptcy can offer the following advantages:

  • Secured debts can be extended throughout the bankruptcy payment period
  • You have more opportunity to cure delinquent mortgage payments
  • An automatic stay (court order) stops foreclosure on your home
  • You are free from creditor contact
  • Co-signers may be protected
  • Payments are often lowered

Discuss Filing for a Chapter 13 Bankruptcy

Our bankruptcy lawyers have experience dealing with all kinds of debt situations and can provide valuable legal advice. Bankruptcy rules, forms, and actions that creditors can bring against you often make the bankruptcy process complex. The U.S. Bankruptcy Court recommends that debtors consult legal counsel before filing to ensure they understand the scope of discharge available to them. Documentation is extensive, and accurate paperwork can avoid delays or even denial. Receive the legal guidance you need. For your convenience, we have locations in Dayton and Huber Heights. We also serve clients across Riverside, Fairborn, Alpha, and the surrounding areas.

Contact Fox & Associates Co., L.P.A. online or call (937) 204-1555 today to arrange a free consultation.


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  • More than 70 years of combined legal experience.

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