Chapter 13

Consolidate Debts And Formulate A Repayment Plan

The two most common forms of bankruptcy are Chapter 7 and Chapter 13. Chapter 7 bankruptcy is designed to completely discharge most forms of consumer and business debt with a lower level of bankruptcy discharge. Chapter 13 has a higher level of discharge and a longer list of positive attributes when considering the overall effect and outcome of this chapter. Chapter 13 has historically been known as the Super Discharge.The length of the repayment plan is typically 36 to 60 months, but at times the term is less. After the successful completion of your Chapter 13 case, the bankruptcy court issues a discharge to give the Debtor the fresh start sought. To be eligible for Chapter 13 bankruptcy, a Debtor must have monthly income that can support a minimal monthly plan payment.

Benefits Of Chapter 13 Bankruptcy

A Chapter 13 bankruptcy may enable you to:

  • Gain additional time to repay your debts
  • Discharge all or a portion of your debts
  • Stop foreclosure
  • Strip a second home mortgage lien
  • Stop a wage garnishment
  • Stop an auto repossession
  • Assist with tax related problems
  • Reorganize your business or personal affairs
  • Obtain other critical debt relief

People with significant income or assets who may be ineligible for Chapter 7 bankruptcy may still be eligible for Chapter 13 relief. Another significant difference between Chapter 7 and Chapter 13 bankruptcy is that property is not subject to being sold by a Trustee in a Chapter 13 bankruptcy.

Fortunately, bankruptcy exemptions enable many individuals who file for Chapter 7 bankruptcy to protect most, if not all of their property. If you have significant assets that could be exposed to liquidation in a Chapter 7 bankruptcy, a Chapter 13 bankruptcy may be your best option for obtaining debt relief.

Our attorneys can provide the information you need to make an informed decision about which type of bankruptcy (if any) is best suited to meet your needs. We also assist clients with debt settlements and other debt relief services.

There’s No Reason To Hesitate: Call Today

We serve clients throughout Northern California. To schedule a free consultation with in the San Jose office with a Chapter 13 bankruptcy attorney at our firm, call 408-298-8910, for the Santa Cruz office call 831-998-8144 or contact us by email. Evening and weekend appointments are available upon request.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.