Published On: April 7, 2018

Arizona adopted a chapter 13 model plan – effective for all cases filed or converted after December 1, 2017

chapter 13According to the Arizona Bankruptcy Court the failure rate of those who file their own chapter 13 cases (without an experienced chapter 13 attorney) is over 98%.  Even with a very good chapter 13 attorney the failure rate is between 40 and 50%.  Why?  Because life happens!!  Most people are in chapter 13 cases for five years (a few as little as three years).  During that period life goes on for the debtor – their income changes, their life situation changes (marriage, divorce, children or death), their goals change (keep the house or give it up, retire or keep working).

chapter 13

Chapter 13 challenges

I only practice in Arizona so am not familiar with the failure rate in other states, but do know chapter 13 cases are very challenging.  Many bankruptcy attorneys will not accept these cases because of the complexities, so make sure to investigate any attorney who offers to help in a chapter 13 case.  Look at their on-line reviews, ask for references, check out the State Bar of Arizona (look for years in practice and bar complaints).

Avoid any firm that makes you feel you just walked onto a used car sales lot.  Most importantly – follow your gut.

 

By |Published On: April 7th, 2018|Last Updated: August 2nd, 2020|

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About the Author: Diane Drain

Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

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