Chapter 13 Bankruptcy

Chula Vista Chapter 13 Bankruptcy Attorneys

Repay Your Debts Over Time

If you live paycheck to paycheck, you likely know how easy it can be to fall behind on bills. A single unexpected cost like an injury or car trouble can significantly set you back, and before long, you may find yourself the subject of creditor harassment. It can be easy to feel powerless when you still have income yet are unable to manage mounting debt.

Our Chula Vista Chapter 13 bankruptcy lawyers at The Sexton Law Firm can help you overcome overwhelming debt. By filing for Chapter 13 bankruptcy, you can reorganize and consolidate your debts into manageable chunks determined by how much you can currently pay.

Filing can also shield you from collections lawsuits, wage garnishment, foreclosure, and repossession. Our team can help you get the most out of a Chapter 13 bankruptcy and help you fight for a life free of debt. Bankruptcy is not an easy process, so ensure your success by working with skilled legal representation that has the knowledge of filing cases in your area - seek out our experienced Chula Vista bankruptcy attorneys.

You do not have to live with mounting debt. Call (619) 202-8976 or contact us online to explore how filing for Chapter 13 bankruptcy can benefit you.

What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is a specific type of bankruptcy that allows individuals with regular income to develop a plan to repay all or part of their debts over a period of three to five years. It's often referred to as a "wage earner's plan" or a "reorganization" bankruptcy.

Here is the general process for Chapter 13 bankruptcy:

  • Filing Petition
  • Proposing a Repayment Plan
  • Confirmation of Plan
  • Payment Period
  • Debt Repayment
  • Discharge

Chapter 13 bankruptcy has certain advantages, such as allowing individuals to retain their assets and catch up on missed mortgage or car payments, as well as providing a structured way to manage and repay debts. It's important to note that Chapter 13 bankruptcy is subject to specific eligibility criteria, and the process can be complex. Consulting with a qualified Chula Vista Chapter 13 bankruptcy attorney is recommended to understand the implications and requirements of filing for bankruptcy.

Who Qualifies for Chapter 13 Bankruptcy?

Individuals who do not qualify for Chapter 7 bankruptcy can generally file for Chapter 13 bankruptcy.

To determine your eligibility for Chapter 13, you will need to show that:

  • You are up to date on your income tax filings
  • You are employed and have sufficient monthly disposable income. Take your current income and subtract expenses like transportation, food, and clothing to determine your disposable income.
  • Your debts do not exceed the debt limit (419,175 for unsecured and $1,257,850 for secured debt, as of 2020)
  • You have not previously filed for Chapter 13 in the last 2 years, or Chapter 7 in the last four years.

Under Chapter 13, the bankruptcy court will expect you to at least partially repay creditors using your disposable monthly income.

Is Chapter 13 Right for Me?

Feeling overwhelmed with debt? Are you looking for a way to get back on solid financial ground and secure your future security? Our Chula Vista Chapter 13 bankruptcy lawyers are here to help. Deciding to file for bankruptcy can be a tough decision, and it may not be the right solution for everyone. For some people, it can be a viable means of taking control of their debts and helping them to move forward in life.

Chapter 13 can be a good choice if:

  • You are not eligible for Chapter 7
  • You are facing foreclosure and want to save your home
  • You have a high amount of assets that are not exempt
  • You have enough income to to repay your debts over several years

If you are wondering whether you should move forward with Chapter 13, feel free to contact our attorneys to discuss your debts.

Benefits of Hiring a Chula Vista Chapter 13 Bankruptcy Attorney

Filing for Chapter 13 bankruptcy can be a complex and intimidating process, so it is important to consider hiring an experienced Chapter 13 bankruptcy attorney when facing financial difficulties. Our Chula Vista bankruptcy law firm can provide invaluable assistance in guiding you through the process.

We have extensive knowledge of the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, Local Rules, and state law- all essential components in understanding complex Chapter 13 bankruptcy filings. Our legal team can help you identify an appropriate repayment plan that works with your budget, advise you regarding debt limits and repayment options, and protect co-signers. Additionally, we can provide guidance on making smart decisions while protecting your rights during the entire process.

What Happens in a Chapter 13 Bankruptcy?

The bankruptcy process for a Chapter 13 generally involves:

  • Filing your bankruptcy petition and automatic stay: As soon as you file for Chapter 13 bankruptcy, you will benefit from the automatic stay, a court order that stops all creditor actions. Any foreclosures, collection lawsuits, repossessions, wage garnishments, and any other creditor contact must cease until the bankruptcy has concluded. These protections stay in place so long as you continue to make your court-ordered monthly payments and only left when your filing has been completed.
  • Creating a repayment plan for your debts: The bankruptcy court will evaluate your current level of disposable income. Your outstanding debts will be consolidated into a single monthly amount that you will be expected to pay for a period of 3 to 5 years. Your monthly payment amount is determined by your level of disposable income, not the total amount that you owe.
  • Completion of your payment plan and discharge: When you successfully complete your payment plan, the bankruptcy court will usually allow you to discharge unsecured debts. Unsecured debts include personal loans, medical bills, credit card debt, and utility bills.

Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy does not include a liquidation component. This means that you will not lose any property as part of the filing process.

How Long Does the Chapter 13 Bankruptcy Process Take?

The duration of the initial Chapter 13 bankruptcy process in California can vary significantly depending on the intricacies of each case. Generally, from the moment the petition is filed to the confirmation of the repayment plan, the process can take anywhere from three to six months. This timeframe is essential for allowing the bankruptcy court to review the proposed plan, creditors to file their claims, and for any objections to be resolved, whether they come from creditors, the trustee, or the court itself.

Additionally, the debtor must attend a 341 meeting of creditors, which typically occurs about a month after filing. If the debtor promptly provides all required documentation and there are no significant objections to the repayment plan, the confirmation hearing can occur relatively quickly.

However, if there are disputes over the proposed repayment terms or if any legal issues arise, this can extend the process. It's important to note that while the approval of the repayment plan may be achieved within this period, the actual completion of a Chapter 13 bankruptcy case extends over the payment period designated by the plan, which ranges from three to five years, depending on the debtor’s income relative to the state median.

What Is Not Discharged in Chapter 13?

You will not be able to discharge secured loans, like missed mortgage or car payments, as well as tax debt and student loans. However, some of your payment plan will likely go toward settling these obligations, and the discharging of unsecured debts can give you financial flexibility to catch up on other missed payments. You will also have several years throughout your bankruptcy to raise additional funds.

Ready To Help You Leverage Chapter 13 Bankruptcy

Filing for Chapter 13 bankruptcy can benefit many individuals who have become overwhelmed with debt. Our Chula Vista Chapter 13 bankruptcy attorneys at The Sexton Law Firm can help determine for which type of bankruptcy you qualify for and guide you through each step of the filing process.

We can work to protect you from creditor harassment, stop foreclosures, and advocate for reasonable payment plan terms consistent with your disposable income. Don't let past debts control your present circumstances; allow us to support you as you take charge.

Reach out today and let our experienced Chapter 13 bankruptcy attorneys in Chula Vista guide through this challenging process toward peace of mind.

Get help filing for Chapter 13 bankruptcy. Schedule a free consultation with our team by calling (619) 202-8976 or contacting us online.

Why Hire The Sexton Law Firm?

  • We Listen to Your Story and Create a Strategy to Achieve Your Goals
  • With offices in Chula Vista, Oceanside, and La Mesa, we serve clients throughout all of Southern California
  • We Offer Free Consultations - Regardless of the Legal Matter
  • We Offer Phone and Video Consultations For Your Safety and Convenience
  • We Are Bilingual and Serve Our Clients in English and Spanish
  • We Are a Family Owned and Operated Law Firm
Attorneys Dedicated to Protecting Your Legal Rights

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    They gave me outstanding service!

    “Andrew and his staff at James Sexton law firm are very courteous and professional when handling my bankruptcy. I was a little nervous going into this but came out feeling unstressed. I was given a ...”

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    “The Sexton Law Firm was very helpful during the entire process. Andrew was very helpful and knowledgeable. However, Asia was the most helpful. She answered all my questions and relieved my worries ...”

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    His council was well received, and it was honest.

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