Chapter 13 Bankruptcy Can Stop Foreclosure and Give You Time to Catch Up
Filing Chapter 13 doesn't mean starting over — it means buying time to fix what's fallen behind, under a plan the court approves and you can actually manage.
When You're Behind and Running Out of Time
If you're behind on your mortgage, owe back taxes, or are watching a car loan spiral toward repossession, Chapter 13 bankruptcy may be the tool that stops the damage before it becomes permanent. The moment a Chapter 13 case is filed in the Jackson federal bankruptcy court on South Highland, an automatic stay goes into effect — halting foreclosure proceedings, collection calls, and repossession attempts immediately.
Chapter 13 is a reorganization bankruptcy. Rather than liquidating assets, it allows you to restructure what you owe into a court-approved payment plan that runs three to five years. The plan is built around your disposable income, not a number someone else picks. At the end of the plan, qualifying remaining balances on certain debts are discharged.
This is the chapter that keeps people in their homes. It is also the chapter that requires a lawyer who knows how to build a plan that a trustee will approve and that you can sustain over time.
What Chapter 13 Can Actually Do for You
- Stop a foreclosure in progress and allow mortgage arrears to be paid back over the life of the plan
- Halt repossession of a vehicle and restructure what you owe on it
- Spread back taxes — IRS, state, or local — across a multi-year repayment schedule
- Protect co-signers on certain debts from collection while your plan is active
- Allow you to keep property you would lose in a Chapter 7 liquidation
- Discharge qualifying unsecured balances at the end of a completed plan
Prior Education and Legal Experience
After obtaining her law degree from the University of Florida, Ms. Davies served as an Assistant State Attorney in Miami, Florida. After trying numerous homicide cases, Ms. Davies distinguished herself and was promoted to serve as a Division Chief. During her five years under the guidance of Janet Reno, she honed her trial skills, maintaining integrity and deep care for her clients. After that, Ms. Davies served as an Assistant United States Attorney in Washington, D.C., where she prosecuted public corruption and gang homicide cases for ten years. During her fifteen years as a prosecutor, Ms. Davies tried more than 100 jury trials to a verdict.
After taking some time away from law practice to teach law school in Kaliningrad, Russia as a Fulbright Scholar, Ms. Davies returned to the United States to study at Harvard’s Kennedy School of Government under the tutelage of David Gergen. Upon graduation, she was honored with the designation of Littauer Fellow in recognition of her leadership and academic excellence.
Ms. Davies returned to Washington, D.C., after obtaining her master’s degree to work on a class action lawsuit against “Big Tobacco.” Shortly after that, anxious to return home to be closer to her family, Ms. Davies decided to return to Florida. Upon moving to Orlando, she focused on helping people in the civil arena. After training under several top-notch personal injury lawyers, Ms. Davies decided to open her firm, where she could take Personal Injury and Family Law cases and give her clients the white-glove treatment they deserved.
Committed to Excellence in Family Law and Personal Injury Law
As founder and manager of The Davies Law Firm, LLC, Ms. Davies gives her clients her undivided attention. Through her thorough preparation and legal tenacity, she has garnered the respect of colleagues and judges. She is fair-minded and solutions-oriented, always trying to serve her clients well. Clients appreciate her straightforward approach in explaining legal options and strategizing to obtain the best possible outcome for them.
Ms. Davies is always prepared to protect her client’s rights and represent their best interests. As a trained collaborative lawyer, she embraces the idea that many family law problems are handled most effectively at the negotiating table, where the parties can craft an agreement that best serves their purposes. However, as a skilled trial attorney, she also understands that some cases will only achieve optimal results through a trial.
Although we have handled hundreds of Family Law and Personal Injury cases, we understand that each comes with unique circumstances. That is why we listen carefully to each client’s story and help prioritize objectives before creating a strategy to help them achieve their goals.
At The Davies Law Firm, LLC, we understand how going through a divorce or suffering a severe injury in an accident can leave you with many questions and make you nervous about your future. We will be glad to review the facts of your case, explain your options, and help you take the first steps toward starting your new life.
How the Chapter 13 Process Works in West Tennessee
1. Free Consultation
We sit down with you, review your income, debts, and what you're trying to protect, and tell you plainly whether Chapter 13 is the right path — or whether Chapter 7 fits your situation better. No obligation. No guesswork.
3. Building Your Repayment Plan
We prepare a court-approved repayment plan structured around your disposable income. The plan runs three to five years and covers your priority debts — mortgage arrears, back taxes, and secured loans — at a payment level designed to be sustainable.
4. Trustee Confirmation and Plan Payments
Your plan goes before the court-appointed trustee for confirmation. Once approved, you make a single monthly payment to the trustee, who distributes funds to your creditors. We stay with you through the life of the plan.
5. Discharge
When you complete the plan, qualifying remaining unsecured balances are discharged. You come out the other side with your home, your vehicle, and a path forward.
A Payment Plan Built Around What You Can Manage
One of the most common concerns we hear is whether a Chapter 13 payment will just add one more bill to an already impossible situation. The answer is that it doesn't work that way. Your monthly payment is calculated based on your disposable income — what's left after necessary living expenses. The court reviews it. The trustee confirms it. The goal is a plan you can complete, not one that collapses in year two.
Forty years of bankruptcy work in West Tennessee means we have seen every income situation, every debt mix, and every combination of arrears and obligations. We know how to build plans that hold up.
Chapter 13 or Chapter 7 — Which One Is Right for You?
What's the difference between Chapter 13 and Chapter 7 bankruptcy?
Chapter 7 eliminates most unsecured debt quickly — typically in three to four months — but it does not allow you to catch up on mortgage arrears or keep non-exempt property. Chapter 13 takes longer but gives you a structured path to save your home, repay back taxes over time, and protect assets you would lose in a Chapter 7 case. The right chapter depends on your income, what you own, and what you're trying to accomplish.
Can I file Chapter 13 if I already tried Chapter 7?
Yes, in most cases. There are waiting period rules based on when a prior case was filed and whether a discharge was received, but many people who have previously filed are still eligible. We can tell you exactly where you stand in a free consultation.Will Chapter 13 actually stop my foreclosure?
Filing triggers an automatic stay, which halts foreclosure proceedings immediately under federal law. Whether Chapter 13 is the right tool to save your home depends on your income and how much you owe in arrears — which is exactly what we assess in the consultation. There may still be time to act. One call can tell you.How long does a Chapter 13 plan last?
Plans run three to five years depending on your income relative to the Tennessee median. If your income is below the median, a three-year plan is typical. Above it, five years is standard. The court must approve the plan before it takes effect.Do I need an attorney to file Chapter 13?
Technically no, but Chapter 13 is among the most procedurally complex filings in consumer bankruptcy. The plan must be drafted correctly, confirmed by a trustee, and sustained over years. Errors in the plan document or missed payments can result in dismissal. Nearly everyone who files Chapter 13 without representation does not complete the plan successfully. We handle the filing, the trustee process, and everything in between.
Take the First Step Today
Forty Years of Bankruptcy Experience in West Tennessee
We have represented bankruptcy clients in Jackson and across West Tennessee for more than four decades. Our office manager and litigation paralegal has been with the firm for nearly 30 years. When you call, you reach people who know this court, know this community, and know how to build a Chapter 13 plan that works.
We also offer Spanish-language interpreter support from your first call through the completion of your case.
Consultations for Chapter 13 bankruptcy are free. Call us at 731-423-1888, text us at 731-244-2868, or use the contact form below. We're available 24/7.