Are you looking to reorganize your debts into a manageable repayment plan while protecting your home, vehicle, and other valuable property? Chapter 13 bankruptcy gives people with regular income the ability to catch up on past-due obligations over three to five years without losing what they have worked so hard to build. If you are falling behind on payments and need a structured path forward, Chapter 13 may be the answer.
Contact Hart Consumer Law to schedule an appointment with a reputable Greer chapter 13 bankruptcy attorney who will help you understand your options and take the first step toward relief.
Why Clients Choose Hart Consumer Law
Attorney Andrew Hart focuses exclusively on advocating for consumers against creditors, lenders, and collection agencies. Our clients receive straightforward, compassionate guidance centered on their best interests. Financial struggles are difficult enough without added fear or embarrassment, and Hart Consumer Law is committed to making the process supportive while helping you move toward a fresh start.
How Do I Qualify for Chapter 13 Bankruptcy?
Chapter 13 has specific eligibility requirements that differ from Chapter 7. You must have a regular income, and your total debts must fall within the limits set by federal law. The following factors determine whether you qualify:
- You must have a steady source of income sufficient to fund a repayment plan.
- Your secured debts must fall below the current federal ceiling.
- Your unsecured debts must also remain under the applicable federal limit.
- You must be current on all tax filings for the most recent four years.
- You must complete an approved credit counseling course before filing.
- You cannot have had a bankruptcy case dismissed within the past 180 days for certain reasons.
What Can Be Discharged in a Greer Chapter 13 Bankruptcy?
After you complete all payments under your Chapter 13 plan, the court discharges your remaining qualifying debts. Chapter 13 actually discharges a broader range of debts than Chapter 7 in some circumstances:
- Remaining credit card balances after plan completion
- Healthcare bills
- Personal loans
- Past-due utility balances
- Deficiency balances from prior repossessions
- Certain debts that survived a previous Chapter 7 filing
- Some obligations arising from property settlements in divorce
What Can Not Be Discharged in a Greer Chapter 13 Bankruptcy?
Even after faithfully completing a three-to-five-year repayment plan, certain debts survive the Chapter 13 discharge. Congress has placed these obligations beyond the reach of bankruptcy relief, regardless of your financial circumstances:
- Most student loan debts
- Child support and spousal support obligations
- Restitution and criminal fines
- Debts arising from willful and malicious injury
- Certain tax obligations
- Debts from death or injury caused by intoxicated driving
- Long-term secured debts, like mortgages, that extend beyond the plan
How Our Greer Chapter 13 Bankruptcy Attorney Helps
Filing for Chapter 13 involves detailed financial analysis, precise paperwork, and ongoing administration over several years. Attorney Hart handles every phase of the process from your first consultation through your final discharge.
Automatic Stay
Once Hart Consumer Law files your Chapter 13 petition, the automatic stay under 11 U.S.C. § 362 immediately halts most creditor actions against you. The stay provides instant breathing room while your repayment plan takes shape:
- Foreclosure actions and scheduled sales
- Attempts to repossess your vehicle
- Ongoing wage garnishments
- Creditor lawsuits and collection judgments
- Debt collection calls and letters
- Utility disconnections
- Bank account levies
The Repayment Plan
Your repayment plan is the backbone of your Chapter 13 case. Attorney Hart develops a plan based on your income, living expenses, and the types of debts you owe. The plan must satisfy the requirements of the Bankruptcy Code while still leaving you with enough income to support your household. Priority debts, such as tax obligations and domestic support obligations, are paid in full. In contrast, unsecured creditors typically receive a percentage of what they are owed.
Trustee & Creditor Meeting (341 Meeting)
Approximately 30 to 45 days after filing, you attend a meeting with the Chapter 13 trustee and any creditors who choose to appear. Hart Consumer Law prepares you for every question the trustee is likely to ask and stands by your side throughout the hearing. The meeting typically lasts 10 to 15 minutes and covers your income, expenses, and the details of your proposed plan.
Confirmation and Payments
After the 341 meeting, the court schedules a confirmation hearing to approve your repayment plan. Creditors may file objections, and the trustee may request modifications before the court grants confirmation.
Once confirmed, you make a single monthly payment to the Chapter 13 trustee, who distributes the funds to your creditors according to the terms of the plan. Hart Consumer Law monitors your case throughout the repayment period and addresses any issues that arise.
Discharge
Once you complete every payment required under your Chapter 13 plan, the court enters a discharge order that eliminates your remaining qualifying debts. The discharge marks the official end of your case and the beginning of a stronger financial future.
Specific Benefits in South Carolina
South Carolina law and the federal Bankruptcy Code provide Chapter 13 filers with several advantages that are worth highlighting. Depending on your situation, the following benefits may apply to your case:
- Save Your Home: South Carolina’s homestead exemption under S.C. Code § 15-41-30(1) protects up to $76,125 in home equity, and Chapter 13 allows you to cure any mortgage arrears through the repayment plan to stop foreclosure.
- Vehicle Relief: If your car loan is more than 910 days old, you may be able to reduce the balance to the vehicle’s current market value through a “cramdown” provision, lowering both your principal and your monthly payment.
- Tax Debt: Certain income tax debts can be paid through the Chapter 13 plan at a reduced rate, and interest and penalties may stop accruing once the case is filed.
Hart Consumer Law identifies every available benefit and builds your case to take full advantage of the protections Chapter 13 provides under both federal and South Carolina law.
Protect Your Assets: Contact a Greer Chapter 13 Bankruptcy Lawyer Today
You have worked too hard to lose your home, your car, or your peace of mind to unmanageable debt. Get in touch with Hart Consumer Law today to schedule a consultation with a Greer chapter 13 bankruptcy attorney who will review your complete financial picture, develop a repayment plan that protects your property, and walk with you through every step of the process until your debts are behind you and your future is back in your hands.
office@hartconsumerlaw.com 
107 Sunbelt Court Suite 3, Greer, SC 29650 
