Chino Chapter 13 Bankruptcy Lawyer
Wadhwani & Shanfeld helps Chino residents who have steady income but have fallen behind on a mortgage, a car loan, back taxes, or a pile of unsecured debt, and who want to keep what they own while getting back on track. The firm is a consumer bankruptcy and debt relief practice that has helped more than 30,000 individuals and families, serving clients across San Bernardino County, Los Angeles County, Orange County, and Riverside County.
A Chino Chapter 13 bankruptcy lawyer is often the right call when the problem is not that you can never pay, but that you cannot pay everything at once. Chapter 13 gives you three to five years to repay what the law requires through a single monthly plan payment, while the automatic stay holds off foreclosure, repossession, garnishment, and collection lawsuits from the day the case is filed. For a homeowner in Chino or Chino Hills who missed several mortgage payments after a job gap, that breathing room can be the difference between losing the house and catching up on the arrears over time.
How a Chapter 13 Case Actually Unfolds
It helps to know the arc before you start, because Chapter 13 is a commitment measured in years, not months. The case begins with a petition and a proposed repayment plan filed with the bankruptcy court. Chino addresses are assigned a filing division by street address zip code, and for San Bernardino County that is the Riverside Division of the U.S. Bankruptcy Court for the Central District of California. Our firm files in every division of that court, so the location question is one we sort out for you.
Shortly after filing, a trustee is assigned, and you will attend a creditors’ meeting where the trustee asks about your income, your property, and the plan. Creditors rarely show up, and these sessions are usually short. After that, the court holds a confirmation hearing. Once the judge confirms the plan, it binds you and your creditors. From then on, your job is to make every plan payment on time, usually through a monthly payment to the trustee, and to stay current on ordinary expenses like your ongoing mortgage payment as they come due.
Plans run three years when your income is below the state median for your household size and up to five years when it is above. The length drives the monthly number, so it is worth modeling both before you commit. When you finish the plan and complete the required coursework, the court issues your discharge for the debts the plan covers.
Why Chino Clients Choose Wadhwani & Shanfeld for Chapter 13
Wadhwani & Shanfeld is a Southern California consumer bankruptcy and debt relief law firm led by two Board-Certified Specialists in Consumer Bankruptcy through the American Board of Certification: Raj Wadhwani and Greg Shanfeld, both founding shareholders. Board certification is a distinction earned by a small fraction of attorneys, and it matters in Chapter 13 because these cases live or die on plan design, exemptions, and how you handle a trustee’s objections.
Raj Wadhwani, a Southwestern Law School graduate, helped pilot the Best Case Bankruptcy software in 1998 and was the first attorney to file a bankruptcy case electronically in the Central District of California. Greg Shanfeld earned his law degree from the University of Southern California and has handled more than 10,000 bankruptcy cases over three decades. Together the firm brings more than 90 years of combined legal experience to every file.
What clients feel day to day is access. You get direct access to an attorney from your first call, free consultations, and the option to handle the entire case by phone, email, video, or online chat, including 100% virtual consultations. When a foreclosure sale, garnishment, or repossession is days away, the firm acts fast. Plans are built around your income, your property, and your goals rather than a one-size-fits-all filing, and the answers come in plain English from the first conversation through discharge.
Situations That Point Toward a Chino Chapter 13 Filing
- Mortgage Arrears and Foreclosure: California foreclosure runs on a schedule. A sale date cannot be set earlier than three months and 20 days after the notice of default is recorded, and a monetary default can be reinstated until five business days before the sale. Chapter 13 lets you spread the missed payments across the plan instead of coming up with them in a lump sum.
- Car Loans and Repossession: If a lender has repossessed or is about to repossess your vehicle, the automatic stay can stop the process, and a plan can restructure the loan while you keep driving to work.
- Income Above the Chapter 7 Means Test: Chino households that earn too much to qualify for Chapter 7 often still need relief, and Chapter 13 has no means test cutoff in the same way.
- Priority Tax Debt: Recent income taxes and similar priority claims generally cannot be wiped out, but a plan can pay them off over time without penalties piling up the way they do outside of bankruptcy.
- Support Arrears: Past-due child or spousal support survives bankruptcy, and Chapter 13 provides a structured way to catch up while being protected from other collection pressure.
- Home Equity Above the Exemption: Chapter 7 can put non-exempt equity at risk. Chapter 13 lets you keep the property as long as the plan pays creditors at least what they would have received in a liquidation.
- Wholly Unsecured Second Mortgages: In the right circumstances, a second mortgage that is entirely underwater can be stripped off during the plan and treated as unsecured debt.
- Wage Garnishment and Judgments: Filing stops most garnishments at the moment of filing, and judgment creditors become subject to the plan.
What to Do Right Now If You Are Considering Chapter 13
Start by gathering the paper that tells your financial story: recent pay stubs, your last couple of tax returns, bank statements, your mortgage and car loan statements, and every collection letter or court paper you have received. If you have been served with a lawsuit, write down the response deadline today. Missing it can lead to a default judgment, and a judgment opens the door to wage garnishment and bank levies. Call before that deadline passes, since filing a case can freeze the lawsuit.
If a foreclosure is in motion, find the date on your notice of default or notice of sale. The notice of sale must be mailed and posted at least 20 days before the auction, and the reinstatement window closes five business days before the sale, so the calendar is tighter than it looks. If a car has been repossessed, the lender must give written notice of its plan to sell the vehicle, generally at least 15 days out, and you can ask in writing for an extension of the redemption period.
Be careful with a few common mistakes. Do not run up new credit cards or take out cash advances before filing, because the trustee and creditors can challenge those charges. Do not move money or transfer property to relatives, which can look like hiding assets. And do not hire a document preparer to fill out forms for you. A petition preparer cannot give legal advice, choose your exemptions, or stand beside you if a trustee raises a problem, and errors can cost you property or your discharge.
Your Chapter 13 case will be filed in the Riverside Division of the U.S. Bankruptcy Court for the Central District of California, which handles Riverside and San Bernardino County filers. Because we handle cases remotely, you do not need to come in before we start, and you can talk with an attorney the same day you call.
Exemptions, Equity, and Keeping Your Chino Home
Chapter 13 does not have to liquidate anything, but the plan must pay your unsecured creditors at least as much as they would have received if your non-exempt property were sold in a Chapter 7. That is why exemptions matter even though you are keeping your assets. The more of your property that is protected, the lower that floor, and the lower your monthly payment can be.
California has opted out of the federal exemptions, so you choose between two state systems for the whole case. One offers a homestead exemption tied to county home prices, with a statutory floor and a ceiling that both adjust annually for inflation. The other uses smaller fixed dollar amounts plus a flexible wildcard that you can apply to any property. Homeowners with real equity often do better under the homestead system, while renters and people with little home equity often do better under the wildcard system. To use California’s exemptions, you generally must have lived in the state for at least 730 days before filing.
Chino home values can change the math in either direction, which is why we run the numbers before choosing a system. Our board-certified attorneys make this decision case by case because it affects both what you can protect and what your plan payment will be.
Chino Chapter 13 Bankruptcy Questions, Answered
How much will my Chapter 13 payment be?
It depends on your disposable income, the amount of any mortgage or car arrears, priority debts like recent taxes, and the value of non-exempt property your unsecured creditors are entitled to be paid for. We build a plan around your budget and test it before filing so the number is one you can actually sustain.
Can Chapter 13 stop a foreclosure in Chino?
Yes. The automatic stay takes effect the moment the petition is filed, and the sale cannot proceed. You then catch up the missed payments through the plan while staying current on new mortgage payments as they come due. If a sale is days away, tell us immediately so we can move quickly.
Will I keep my house and my car?
In most Chapter 13 cases, yes. The whole point of the chapter is to let you keep property by curing defaults over time. The plan has to be feasible, meaning your income can cover the payments, and you must stay current on ongoing obligations.
What happens if I miss a plan payment?
One missed payment is not automatically fatal, but it should be addressed quickly. The trustee can ask the court to dismiss the case if payments fall behind. If your income drops, we can often seek to modify the plan rather than let it fail.
Which debts can Chapter 13 cover that Chapter 7 cannot?
Chapter 13 can bring priority taxes, mortgage arrears, car loan arrears, and support arrears into a structured payment plan, and in some cases can strip a wholly unsecured second mortgage. It does not erase child support or alimony, but it can give you a way to pay them down while protected from other pressure.
How soon after a prior bankruptcy can I file Chapter 13?
You must wait four years after filing a Chapter 7 and two years after a prior Chapter 13 to file a new Chapter 13. These waiting periods are measured from filing dates, and there can be exceptions, so bring your prior case information to your consultation.
Will my employer find out I filed?
Not automatically. If your plan payments are taken from your paycheck, payroll will know a deduction is being made, and if you are being garnished, the garnishment will stop. California and federal law prohibit an employer from firing you solely because you filed bankruptcy.
Is Chapter 13 worth it if I owe on a judgment against me?
Often it is. A California money judgment is enforceable for ten years and can be renewed, and judgment creditors can pursue wage garnishment and bank levies. Filing stops those collection efforts at once, and the plan sets the terms for how a judgment is treated.
What if a creditor sued me over an old debt?
Time limits matter. A written contract debt generally carries a four-year limit for suing, and an oral contract two years, but an expired deadline is a defense you must raise in a written answer or the court can still enter judgment. A payment on a time-barred debt does not revive it. We can help you decide whether to answer the suit or file for bankruptcy.
Can I use Chapter 13 if I own a small business?
Individuals with business income can file Chapter 13 if they qualify, and our firm also handles small business bankruptcy and business debt solutions. We look at whether Chapter 13, another chapter, or a negotiated settlement fits best.
How long does Chapter 13 stay on my credit report?
The credit bureaus typically remove a Chapter 13 after seven years. Its effect on your score fades well before that, particularly if you pay every bill on time and keep balances low while the plan runs.
Serving Chino and Chapter 13 Clients Across the Inland Empire and Beyond
We represent Chino homeowners and families in San Bernardino County, and from there we work with clients throughout the Inland Empire and the eastern San Gabriel Valley. That includes Chino Hills, Montclair, Upland, Rancho Cucamonga, Fontana, San Bernardino, Ontario, Pomona, Claremont, Glendora, and West Covina. In neighboring Riverside County, we serve Riverside and the Coachella Valley.
Our reach extends across Los Angeles County, including Los Angeles, Long Beach, Lakewood, Torrance, Compton, Inglewood, Gardena, Norwalk, Bellflower, Paramount, Cerritos, Signal Hill, and Huntington Park, along with the San Fernando Valley communities of Sherman Oaks, Van Nuys, Encino, Woodland Hills, Reseda, Northridge, Granada Hills, North Hollywood, Sylmar, and San Fernando, plus Hollywood, Santa Monica, Santa Clarita, and the Antelope Valley. In Orange County, we help families in Anaheim, Santa Ana, Garden Grove, Buena Park, Fullerton, Huntington Beach, Westminster, Costa Mesa, Newport Beach, Tustin, La Habra, Placentia, Mission Viejo, and Laguna Niguel. Wherever you live, the case can be handled by phone, video, email, or chat.
Talk With a Chino Chapter 13 Bankruptcy Attorney Today
If a foreclosure notice, a repossession threat, or a garnishment has you doing math at the kitchen table, a conversation with a Chino Chapter 13 bankruptcy attorney can show you in one call whether a repayment plan fits your income and what it would take to keep your home and car. Call Wadhwani & Shanfeld for a free consultation and speak directly with an attorney about your options, inside and outside of bankruptcy. We will tell you honestly whether Chapter 13 is the right path, and if it is, we will move quickly to put the automatic stay between you and your creditors.
