Chapter 13 Bankruptcy in California
Wadhwani & Shanfeld – Helping You Choose the Most Beneficial Financial SolutionAt Wadhwani & Shanfeld, we individualize our approach for each individual. As our client, our goal — first and foremost — is to find a tailored solution just for you. We are hands-on bankruptcy lawyers who work closely with every client to make sure they receive excellent service and make informed decisions. Get over 65 years' bankruptcy experience and extensive knowledge about bankruptcy filing. If you did not qualify for Chapter 7 bankruptcy, Chapter 13 bankruptcy, also known as reorganization bankruptcy, may be an alternative option.
What Is Chapter 13 Reorganization Bankruptcy?
Chapter 13 bankruptcy, or reorganization bankruptcy, allows the filer to restructure his or her debt into a three to five-year repayment plan. With this option, the filer could end up discharging some debts while obtaining more time to pay off others. Even if a debtor does not pass the qualifying means test required to file for Chapter 7 bankruptcy, there is a good chance that they will be eligible to file under Chapter 13 of the United States Bankruptcy Code.
Filing for reorganization bankruptcy could allow you the second chance you need to turn your financial situation around and to achieve renewed stability and peace of mind.
Chapter 13 bankruptcy can be beneficial for individuals who:
- Have a monthly income that is too high to qualify for Chapter 7 bankruptcy
- Want to protect their home from foreclosure
- Want to preserve assets or property that may be exposed in a Chapter 7 bankruptcy
- Want to repay tax or other debt through an affordable payment plan
Chapter 13 Debt Limits
Unlike Chapter 7 bankruptcy, in which a person can file for a discharge of unlimited amounts of debt, there are debt limits for individuals with “regular income” under a Chapter 13 plan, which means that it is not the right option for everyone.
Chapter 13 bankruptcy is more complex than Chapter 7 and takes more time because there is an intricate set of rules for how different types of creditors are repaid over the three to five year period. These rules provide debtors with many advantages and can help debtors deal with things like vehicle loans, home mortgages (even second mortgages) income tax liens, unprotected assets, and more. Since there are so many advantages to this type of filing, Congress has imposed certain debt limits.
As of April 1, 2019, debt limits for Chapter 13 bankruptcy have increased to reflect changes in the cost of living. The current debt limit for Chapter 13 filing is $419,275 for unsecured debts and $1,257,850 for secured debts. Every individual’s situation is different, so please contact Wadhwani & Shanfeld for an assessment of your unique financial situation.
Is Chapter 13 Bankruptcy the Right Choice?
Our Southern California bankruptcy attorneys can help you assess your situation and determine if this is the right step for you to take. We are committed to giving each client an individualized response and to making sure that we adequately accommodate their concerns and priorities.
Don't wait any longer to receive the counsel and representation you need. Call Wadhwani & Shanfeld today to discuss details about filing for Chapter 13 bankruptcy. Schedule a free case review to learn more.