MASSACHUSETTS CHAPTER 13 BANKRUPTCY

Chapter 13 Bankruptcy in Massachusetts: Reorganize Your Personal Debt.

Chapter 13 bankruptcy can allow qualifying Massachusetts individuals with regular income to reorganize debt through a court-approved repayment plan, typically lasting three to five years. It can be especially important for homeowners trying to catch up on mortgage arrears, people who need time to address vehicle arrears, or individuals whose income or assets make Chapter 7 less suitable. Attorney Michael Goldstein helps clients evaluate whether Chapter 13 fits their income, debts, assets, and goals.

Michael Goldstein is licensed to practice law in Massachusetts. For certain matters involving Maryland or Washington, D.C., Michael works in conjunction with Phillips Law Offices and appropriately licensed local counsel.

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What Is Chapter 13 Bankruptcy in Massachusetts?

Catch Up on Debts While Keeping What You Own.

Chapter 13 bankruptcy allows eligible individuals with regular income to propose a court-supervised repayment plan, usually lasting three to five years. The plan can provide time to catch up on certain secured debts, address priority obligations, and repay creditors according to the requirements of the Bankruptcy Code while generally allowing the debtor to retain property.

Chapter 13 can be particularly useful for homeowners who are behind on a mortgage but now have enough income to resume regular payments. Mortgage arrears may be addressed through the Chapter 13 plan while ongoing mortgage payments continue outside or through the plan, depending on local practice and the case structure.

Eligibility depends on factors including income, debt limits, prior filings, assets, and whether the proposed plan is feasible.

Quick Answer

Who Is Chapter 13 Usually Best Suited For?

Chapter 13 may be worth evaluating if you have regular income but need time to catch up on mortgage or vehicle arrears, want to protect property that may not be fully protected in Chapter 7, or need a structured way to address debts that cannot simply be discharged.

CHAPTER 13 BENEFITS

What Chapter 13 Can Do for You.

Chapter 13 offers powerful protections and tools that Chapter 7 does not.

Stop Foreclosure

Filing Chapter 13 generally triggers the automatic stay, which can stop or delay many foreclosure actions while the stay remains in effect. A Chapter 13 plan may allow qualifying mortgage arrears to be addressed over time while the debtor continues making required ongoing mortgage payments.

Save Your Vehicle

Chapter 13 may allow you to address vehicle-loan arrears through the repayment plan. In some cases, the treatment of the secured claim may even lower the amount owed depending on the vehicle’s value, the loan terms, and when the debt was incurred.

Automatic Stay

Filing Chapter 13 generally triggers the automatic stay, which stops most collection activity, including many lawsuits, garnishments, repossession efforts, and collection contacts. Exceptions apply, and prior bankruptcy filings can affect the scope or duration of the stay.

Structured Repayment

Chapter 13 uses a court-approved repayment plan generally lasting three to five years. The required payment depends on factors such as income, allowable expenses, secured and priority debts, nonexempt property, and the requirements of the Bankruptcy Code. Plans can sometimes be modified if circumstances change.

Strip Second Mortgages

In some cases, a wholly unsecured junior mortgage or HELOC may be treated as unsecured in Chapter 13 when the value of the property is less than the amount owed on senior liens. Whether this treatment is available depends on the facts of the case and applicable law

Co-Debtor Protection

Protect a co-signer, who guaranteed a personal loan or auto loan with you, from collection actions while your plan is active. This is a protection Chapter 7 doesn't offer, and it matters if you have a cosigned debt you don't want to see damage someone else's credit while you're in bankruptcy.

Tax Debt Repayment

Repay priority tax debts through your plan on manageable terms, without the IRS actively pursuing levies or wage garnishment during the case. This is often the right fit when tax debt is too large or too recent to qualify for an Offer in Compromise but still needs to be resolved.

Discharge at Completion

After completing the requirements of a confirmed Chapter 13 plan, a debtor may receive a discharge of qualifying remaining debts. Some debts are not dischargeable, and the scope of the Chapter 13 discharge depends on the nature of the obligations and the case.

Is Chapter 13 a Good option?

How Do I Know If Chapter 13 Is Worth Considering?

You are behind on your mortgage but can afford the regular payment again.

A temporary financial setback created mortgage arrears that you cannot realistically pay in one lump sum.

You are facing foreclosure and need time to address mortgage arrears.

You want to keep your home and need a structured way to catch up rather than surrendering the property.

You are behind on a vehicle you need to keep.

Your income may support ongoing expenses, but catching up on the past-due vehicle payments all at once is unrealistic.

You have regular income, but Chapter 7 may not fit your situation.

Your income, assets, prior filings, or other financial circumstances may make Chapter 13 worth evaluating instead.

You need to address debts that are not easily eliminated in Chapter 7.

Priority taxes, mortgage arrears, certain secured debts, or other obligations may require a structured repayment strategy.

You need to protect property while reorganizing debt.

Chapter 13 may offer additional flexibility when property protection or repayment considerations make Chapter 7 less suitable.

Chapter 13 is not automatically the right solution simply because you are behind on a mortgage or other debt. The key question is whether a feasible plan can address the arrears and other obligations while allowing you to meet your ongoing financial responsibilities.

Discuss Your Chapter 13 Options →

THE PROCESS

How Chapter 13 Works.

1

Eligibility and Financial Review

Michael reviews your income, debts, assets, arrears, prior filings, and goals to determine whether Chapter 13 appears feasible.

2

Credit Counseling

Individual debtors generally complete an approved credit-counseling course before filing, subject to limited exceptions.

3

Petition and Plan Preparation

Financial information is gathered, the bankruptcy petition and schedules are prepared, and a proposed Chapter 13 repayment plan is filed.

4

Automatic Stay and 341 Meeting

Filing generally triggers the automatic stay. The debtor later attends a meeting with the Chapter 13 trustee and answers questions under oath about the case.

5

Plan Confirmation and Payments

The court determines whether the proposed plan satisfies the Bankruptcy Code. Creditors and the trustee may object, and the plan may be amended before confirmation.

6

Plan Completion & Discharge

After completing required plan payments and other case requirements, the debtor may receive a discharge of qualifying remaining debts.

RELATED CHAPTER 13 QUESTIONS

Common Questions About Chapter 13 Bankruptcy in Massachusetts

Can Chapter 13 Stop Foreclosure in Massachusetts?

Yes, in many cases. Filing Chapter 13 generally triggers the automatic stay, which can stop most foreclosure activity while the stay remains in effect. If you have enough income to maintain required ongoing mortgage payments, a Chapter 13 plan may also allow you to catch up on qualifying mortgage arrears over time instead of paying the entire past-due amount at once.

Learn How Chapter 13 Can Stop Foreclosure in Massachusetts →
What Happens to Mortgage Arrears in Chapter 13?

Chapter 13 may allow qualifying mortgage arrears to be paid through a court-approved repayment plan, generally lasting three to five years. This can give a homeowner time to catch up on missed payments while continuing to make required ongoing mortgage payments. The treatment of mortgage debt depends on the loan, arrears, property, income, and structure of the individual case.

Watch: How Chapter 13 Can Help With Mortgage Arrears →
How Is Chapter 13 Different From Chapter 7?

Chapter 7 is primarily a discharge process for qualifying debtors, while Chapter 13 uses a court-approved repayment plan that generally lasts three to five years. Chapter 13 may be better suited for someone who needs time to catch up on a mortgage or vehicle, wants to protect property, or has income or assets that make Chapter 7 less appropriate.

Compare Chapter 7 and Chapter 13 in Massachusetts →
Can Chapter 13 Stop Wage Garnishment?

In many cases, yes. Filing bankruptcy generally triggers the automatic stay, which can stop most ongoing creditor collection activity, including many wage garnishments. Exceptions can apply, and the underlying debt still must be addressed through the bankruptcy case. If wages are already being garnished, timing can be especially important.

Learn About Stopping Wage Garnishment in Massachusetts →
Which Bills Should I Keep Paying Before Filing Chapter 13?

You generally should not stop paying every bill simply because you are considering bankruptcy. Mortgage payments, vehicle payments, utilities, taxes, insurance, and other obligations may need different treatment depending on your circumstances and the Chapter 13 plan you may propose. A bankruptcy attorney can help identify which payments should remain a priority before filing.

See Which Bills You May Need to Keep Paying Before Bankruptcy →
Will I Lose My Property If I File Chapter 13?

Chapter 13 is often used by people who want to keep property while reorganizing debt. Unlike Chapter 7, Chapter 13 generally allows you to retain your property while making the payments required under a confirmed plan. However, the value of nonexempt property can affect how much unsecured creditors must receive through the plan.

Learn What Happens to Your Property in Bankruptcy →

Attorney Michael Goldstein is affiliated with the Phillips Law Offices and serves as their Massachusetts counsel for bankruptcy cases.