Chapter 13

Chapter 13 Bankruptcy Lawyer in Cuyahoga County

Reorganization Bankruptcy Handled Personally by Charles Van Ness

Chapter 13 bankruptcy is a reorganization bankruptcy designed for people with steady income who want to keep their assets and repay debts through a court-approved plan over three to five years. For Cuyahoga County residents facing foreclosure, wage garnishment, or mounting creditor pressure, filing can stop those actions immediately and create a manageable path forward. At Van Ness Law, we’ve handled bankruptcy cases in Northeast Ohio since 1991. Chapter 13 clients work directly with Charles Van Ness throughout the process, not with staff or rotating associates.

Charles Van Ness holds an MBA in addition to his law degree, which means he approaches each case with both legal and financial insight. That combination matters when building a repayment plan that fits your household. Cuyahoga County cases are filed with the U.S. Bankruptcy Court for the Northern District of Ohio, Eastern Division, at the Howard M. Metzenbaum U.S. Courthouse in Cleveland. It’s a court we know well.

Contact our Cuyahoga County Chapter 13 bankruptcy attorney online or call (440) 650-1787 to schedule your free consultation in person or virtually.

How the Chapter 13 Process Works

Chapter 13 is sometimes called a wage earner’s plan. Filing immediately triggers the automatic stay, which stops foreclosure actions, repossessions, wage garnishment, and creditor collection calls from the moment your petition is submitted. From there, the process moves through plan proposal, trustee review, and court confirmation.

Repayment, Discharge, & Non-Dischargeable Debts

The repayment plan typically runs three to five years. After completing it, most remaining non-priority unsecured debts may be discharged. Chapter 13 can also discharge certain debts that Chapter 7 cannot, including HOA fees incurred after the filing date and some debts arising from property settlement agreements.

Debts that aren’t dischargeable in Chapter 13 include:

  • Child support and alimony
  • Most student loans
  • Debts arising from fraud

Eligibility Requirements

To qualify, a filer must have regular income sufficient to fund the plan, unsecured and secured debts below the statutory limits under 11 U.S.C. 109(e), current tax filings, no Chapter 7 discharge within the prior four years, no Chapter 13 discharge within the prior two years, and completion of credit counseling from an approved agency within 180 days before filing. A means test also evaluates whether a filer has enough disposable income to support a Chapter 13 plan rather than qualifying for Chapter 7.

Top Advantages of Chapter 13 Bankruptcy

For Cuyahoga County homeowners and wage earners, Chapter 13 offers practical protections that liquidation bankruptcy doesn’t. Here’s what makes it worth considering:

  • Asset Retention: Unlike Chapter 7 bankruptcy, Chapter 13 lets you keep your home, car, and other property while addressing your debt through the repayment plan.
  • Foreclosure Prevention: Filing can stop an active foreclosure immediately. The plan then allows you to cure mortgage arrears over time, giving you an opportunity to save your home.
  • Debt Reduction: Some plans pay unsecured creditors as little as one percent of the balance owed, depending on disposable income and the specifics of the case.
  • Simplified Debt Management: All debts are consolidated into one monthly payment to the Chapter 13 trustee, who distributes funds to creditors. One payment replaces the calls and chaos.
  • Creditor Interference Protection: The automatic stay halts repossessions, wage garnishment, and creditor harassment from the moment of filing.

Why Cuyahoga County Clients Choose Van Ness Law

At Van Ness Law, Charles Van Ness handles your case personally from the first consultation through plan confirmation and beyond. There are no rotating associates, no hand-offs to staff. You work with the same attorney who reviewed your situation, built your plan, and filed your petition.

That direct relationship matters most in Chapter 13, where the plan must reflect your actual income, your actual assets, and your actual priorities. Charles Van Ness brings an MBA alongside more than 30 years of bankruptcy practice in Northeast Ohio. It’s a financial perspective that shapes how he constructs and argues for each client’s plan. Free consultations are available in person or virtually for clients throughout Cuyahoga County and the surrounding region.

Schedule your free initial consultation with our Cuyahoga County Chapter 13 bankruptcy attorney by calling (440) 650-1787 or filling out our online contact form.

The Difference Between Chapter 7 & Chapter 13

Chapter 7 is a liquidation bankruptcy: a trustee may sell non-exempt assets to repay creditors, and most remaining unsecured debts are discharged, often within a few months. It’s typically the faster route, but it doesn’t allow you to catch up on a mortgage or keep property you’re behind on. Ohio bankruptcy exemptions protect certain property, and those exemptions affect which chapter works better for a given situation.

Chapter 13 is the reorganization path: you keep your assets and repay debts over three to five years through a court-approved plan. It’s a strong fit for filers with steady income, significant assets to protect, or mortgage arrears they want to cure. Filers who don’t qualify for Chapter 7 because of income, or who would lose assets they want to keep, often find Chapter 13 the better option. See our Chapter 7 vs. Chapter 13 comparison for a deeper look at both paths.

At Van Ness Law, Charles Van Ness evaluates each client’s income, assets, and debt profile to recommend the chapter that fits their situation. We handle both Chapter 7 and Chapter 13 for clients throughout Cuyahoga County.

To schedule a free initial consultation with our attorney, contact Van Ness Law online or call (440) 650-1787.

Client Reviews

Read What They Say About Us
  • “I would recommend him to anyone needing legal assistance during a challenging time.”
    “He was professional, well spoken, efficient, and affordable.”
    - Kelley B.
  • “Mr. Van Ness made this process smooth and worry free.”
    “He really made me feel relief...Can't thank him enough.”
    - Juanita B.
  • “I was nervous about filing bankruptcy until I sat down with Charles.”
    “To say that I left his office with excitement and confidence about my future would be an understatement. My experience was excellent. Charles is a true professional.”
    - Antonio J.
  • “I was nervous about filing bankruptcy until I sat down with Charles.”
    “To say that I left his office with excitement and confidence about my future would be an understatement. My experience was excellent. Charles is a true professional.”
    - Antonio J.
  • “Love him. Very fast. Very nice. Answered all of my questions.”
    “Glad I found him. Great guy! Thank you for your help and for being so thorough.”
    - Former Client
  • “It was a fast and easy process.”
    “My attorney Mr. Van Ness provided great assistance with my Bankruptcy”
    - Bianca M.
  • “I can enthusiastically recommend Van Ness Law to anyone considering bankruptcy.”
    “Charles is very good at explaining the various aspects of the process and answers any questions in a timely manner.”
    - GN
  • “Mr. Van Ness is an excellent lawyer and very responsive and respectful.”
    “He immediately puts you at ease and answer any questions you have. I was very nervous thru the whole process but as he said no question is silly.”
    - Pat G.