Augusta, GA · Chapter 13 Bankruptcy
Chapter 13 can stop creditor pressure and help you keep property.
If you have regular income but need time to catch up, Chapter 13 may stop most collection activity and organize debts into a court-approved plan. It can be especially useful when a foreclosure sale is approaching or you are behind on a vehicle you need to keep.
The basics
What is Chapter 13 bankruptcy?
Chapter 13 is a reorganization for an individual with regular income. You propose a plan lasting three to five years, make required payments, and keep property while the trustee distributes plan funds to creditors. Some debts may be paid in full, some in part, and some continue after the plan.
One monthly payment
You make a single, predictable payment based on what you can realistically afford.
A court trustee receives it
A court-appointed trustee collects your payment each month, so you are no longer fielding the calls.
Your debts get paid
The trustee apportions the money to each creditor, on a plan the court has approved.
Do you qualify?
Who qualifies for Chapter 13?
Chapter 13 is for eligible individuals, including some self-employed people and sole proprietors. Corporations and LLCs do not file Chapter 13. We check income, debt limits, prior cases, tax filings, and the feasibility of a plan.
You file as an individual
An individual or married couple may qualify. A self-employed person or sole proprietor can sometimes use Chapter 13, but a corporation or LLC cannot.
You have steady income
You must show the court a reliable source of income that can support the repayment plan.
Required tax returns are filed
Recent required tax returns must be filed on the schedule bankruptcy law requires. We check which returns apply before filing the case.
Complete approved credit counseling
Most individuals must complete credit counseling from an approved provider within 180 days before filing. Limited exceptions exist. We give you the correct provider list and timing.
The upside
Why people choose Chapter 13.
For the right person, Chapter 13 can protect property and replace scattered creditor demands with one court-supervised plan. It also requires steady payments and careful follow-through.
Keep property through the plan
Chapter 13 does not require a Chapter 7-style liquidation. The plan must still meet legal tests, and secured debts need the correct treatment.
Catch up on mortgage arrears
If the case is filed before the foreclosure sale, Chapter 13 may stop the sale and let you cure past-due mortgage payments over time. You must also keep new mortgage payments current.
One manageable plan
Trade a pile of creditor demands, including an active wage garnishment, for a single court-approved payment that takes the daily pressure off.
- Filing affects your credit scores.
- Plan payments usually begin soon after filing, before the confirmation hearing.
- You must keep up with the plan and required post-filing obligations. Missing payments can put the case and property at risk.
We believe in straight talk. We will walk you through every trade-off so you can decide with a clear head.
The process
How to file, and how we help.
Bankruptcy law is full of general rules and a multitude of exceptions, which is exactly why filing alone is risky. Here is what we gather, and what we handle for you.
What to bring
- Your source and amount of income
- A list of your assets
- A list of your creditors and how much you owe them
- A copy of your most recent tax returns
- Your living expenses
What we handle
- Help you decide whether Chapter 13 is your best course of action
- Gather and organize all the required documentation
- Prepare and propose a plan based on your income, debts, property, and legal requirements
- Represent you in dealings with the trustee and creditors
- Explain objections, required changes, and the payments needed to keep the case on track
We explain the fee arrangement in writing.
In many Chapter 13 cases, court-approved attorney fees can be paid in part through the plan. Filing fees, required courses, and any amount due before filing are separate questions. We will tell you exactly what applies to your case before you decide.
Board Certified in Consumer Bankruptcy Law
Angela McElroy-Magruder
Angie is board certified in consumer bankruptcy law by the American Board of Certification, and has held that certification since 2007. She has built her practice around consumer bankruptcy in the CSRA, and her cases have produced published decisions that courts around the country still cite. She handles the consultation herself.
Meet Angie and read her reported cases →If a foreclosure date is looming
File before the foreclosure sale and Chapter 13 may stop it.
A Chapter 13 plan can provide time to cure mortgage arrears while you keep making new payments. If the sale already occurred before filing, bankruptcy may be too late to restore the home.
- An honest read on whether Chapter 13 is the right fit for your situation.
- A repayment plan built around what you can actually afford.
- A clear explanation of how the plan would treat your home, vehicle, taxes, and unsecured debts.
- A written explanation of attorney fees, court costs, and what is due before filing.
Bring the foreclosure notice and sale date. Timing matters. We need enough time to review the title, mortgage history, prior cases, income, and required papers before filing a case designed to protect the home.
The consultation is free and confidential. The only thing it costs is the time it takes to tell us your story.
P.S. We even bring a mobile office to you. Never file bankruptcy alone. Let Angie help.
Not sure Chapter 13 is right?
Compare your other options.
Chapter 13 is one path among several. We help you choose the one that protects the most and fits your life.
Chapter 7 Bankruptcy
If your income and property qualify, Chapter 7 can discharge many unsecured debts in a process that often lasts about four months.
Subchapter 5 Bankruptcy
A streamlined reorganization path designed for small businesses that need to restructure and keep operating.
Straight answers
Chapter 13 questions, answered.
Talk to us
Call one of our three Georgia offices.
Augusta, GA 30901
Dublin, GA 31021
Statesboro, GA 30458
We also bring a mobile office to serve you, and we are available evenings and weekends by appointment.
We are here to help
Find out whether Chapter 13 can stop the pressure and protect what matters.
Tell us about the income, debts, property, and deadline you are facing. We will explain whether Chapter 13 is workable, what the plan would require, and what it can and cannot protect.
Augusta
512 Telfair Street
Augusta, GA 30901
Phone: 706-724-6000
Fax: 706-724-3363
Dublin
1205 Bellevue Place, Suite A
Dublin, GA 31021
Phone: 478-275-8311
Fax: 478-275-8399
Statesboro
200 South Main Street
Statesboro, GA 30458
Phone: 912-764-7000
Fax: 912-489-7196
Office Hours
Monday – Thursday: 9:00 AM – 5:00 PM
Friday: 9:00 AM – 2:00 PM
Evenings & weekends by appointment.
Request your free Chapter 13 consultation.
Tell us how to reach you and about any foreclosure, repossession or garnishment deadline. Please do not include Social Security numbers, account numbers or confidential documents.
Prefer to call or text?
Text is convenient after hours. It is not monitored as an emergency service. For our main office line, call 706-724-6000.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. We serve clients throughout Augusta, Dublin, Statesboro and the surrounding CSRA. The information on this page is general and is not legal advice, and contacting the firm does not create an attorney-client relationship.