Chula Vista Chapter 13 Bankruptcy Attorneys
Helping Clients Overcome Debt
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.
Qualifying for Chapter 13 Bankruptcy
Consumers will generally only qualify for either Chapter 7 bankruptcy or Chapter 13 bankruptcy. To determine eligibility, prospective filers will need to complete the California Means Test. The first step involves calculating your average level of income over the past 6 months. If your income meets or exceeds the average median income for your household in California, you may qualify for Chapter 13 bankruptcy instead of Chapter 7.
To know for sure, you will need to determine your monthly level of disposable income. This involves subtracting qualifying life expenses like transportation, food, and clothing from your current income. If you have a sufficient level of disposable income, the bankruptcy court will expect you to at least partially repay creditors, meaning you will need to file for Chapter 13 bankruptcy versus Chapter 7.
How Chapter 13 Bankruptcy Works
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.
Instead, 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.
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.
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.
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.
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With offices in Chula Vista, Oceanside, and La Mesa, we serve clients throughout all of Southern California
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