Glendale Chapter 13 Bankruptcy Lawyer
A mortgage that is three or four payments behind, a notice of default taped to the door, and a paycheck that still covers daily life but not the arrears: that is the situation where a Chapter 13 plan tends to make more sense than any other option. Wadhwani & Shanfeld is a consumer bankruptcy and debt relief law firm that handles Chapter 13 and Chapter 7 cases for homeowners and wage earners in Glendale and throughout Los Angeles County, Orange County, Riverside County, and San Bernardino County.
If you are searching for a Glendale Chapter 13 bankruptcy lawyer, you are probably weighing a specific problem: keep the house, keep the car, stop the garnishment, or deal with a tax or support debt that Chapter 7 cannot wipe out. Chapter 13 is built for people who have steady income and want time. You propose a plan, the court confirms it, and your debts are reorganized into one monthly payment over three to five years.
Once the court confirms the plan, your creditors are bound by it. The automatic stay starts the moment you file, so lawsuits, bank levies, wage garnishments, and foreclosure proceedings stop while the plan is built.
Why Choose Wadhwani & Shanfeld for a Chapter 13 Plan
The firm is led by two Board-Certified Specialists in Consumer Bankruptcy through the American Board of Certification, and the attorneys bring more than 90 years of combined legal experience to cases across Los Angeles County and the surrounding counties. Clients speak directly with an attorney from the first call, and the firm handles cases in person or fully remotely by phone, email, video, and online chat, with 100% virtual consultations available. The first consultation is free.
Raj Wadhwani, founding shareholder and partner, is a Southwestern Law School graduate who 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, founding shareholder and partner, earned his law degree from the University of Southern California and has handled more than 10,000 bankruptcy cases over three decades.
That depth matters in Chapter 13 because the case lasts years, not months. A plan has to survive the trustee’s review, creditor objections, and your own changing budget. Attorneys who have filed in every division of the U.S. Bankruptcy Court for the Central District of California know how those plans get built, challenged, and approved. When a foreclosure sale, garnishment, or repossession is only days away, the firm moves fast to get the petition on file.
Situations Where a Chapter 13 Filing Fits
- Mortgage Arrears and Foreclosure: In California, a lender can reinstate-by-payment rights until five business days before the sale, but the full arrears are due at once. Chapter 13 lets you spread those missed payments across the plan while staying current going forward, and the filing halts a scheduled sale.
- Income Above the Chapter 7 Means Test: Glendale households with solid two-income earnings can exceed the California median for their household size. Chapter 13 has no median-income bar to entry, so those filers can still get relief.
- Home Equity Beyond the Exemption: Chapter 7 can put non-exempt equity at risk. In Chapter 13 you keep your property and instead commit to paying unsecured creditors at least what they would have received in a liquidation.
- Priority Tax Debt: Recent income taxes that cannot be discharged in Chapter 7 can be paid through the plan without interest and penalty pressure from collection actions, while IRS levies are stayed.
- Support Arrears: Past-due child support or alimony must be paid in full, but a plan lets you do it over time rather than facing enforcement all at once.
- Car Loans Under Water: If you are behind on a vehicle you need for work, a plan can catch up the arrears and, in some cases, restructure the loan so you keep the car.
- Wholly Unsecured Second Mortgages: When your home is worth less than the first mortgage balance, a second mortgage may be stripped off and treated as unsecured debt in the plan.
- Wage Garnishment and Judgments: A creditor judgment in California is enforceable for 10 years and can be renewed, so it does not simply go away. Filing stops garnishments and bank levies, and the plan gives you a structured way to resolve the debt.
What to Do Right Now If You Are Considering Chapter 13
Start by gathering the paperwork the court will want: the last six months of pay stubs, recent tax returns, your mortgage and car loan statements, any notice of default or notice of sale, and every collection letter or court paper you have received. If you have been sued, note the date you were served. A response is due on a deadline, and missing it can lead to a default judgment.
If the problem is foreclosure, the dates in your paperwork matter. In California, a sale cannot be set until at least three months and 20 days after the notice of default is recorded, and the notice of sale must be mailed and posted at least 20 days before the sale. You can reinstate the loan by paying the missed amounts until five business days before the sale. Those windows are where a filing does the most good, so do not wait for the last day to call.
If a car has been repossessed, the lender must send written notice of its plan to sell at least 15 days before disposing of it, and you can ask in writing for extra time to redeem. If your wages are being garnished, the garnishment on an ordinary judgment is capped by statute, but a bankruptcy filing stops it altogether.
Your zip code decides where the case is filed. Glendale filers are assigned by street address through the court’s locator, which maps each zip code to a division of the U.S. Bankruptcy Court for the Central District of California. The firm checks this before filing so the petition lands in the right place the first time. Glendale also has its own Los Angeles Superior Court courthouse, which is where many collection lawsuits against local residents are heard, so bring any summons or complaint to your consultation.
One common mistake is stopping payments to a secured lender you intend to keep, or paying one favored creditor right before filing, without advice. Another is using a petition preparer who can type forms but cannot choose exemptions or represent you when a trustee raises an objection. Errors in a filing can cost you property or your discharge.
California Exemptions and Plan Payments in Chapter 13
California does not use the federal exemption list. You choose one of two state systems for the entire case, either the homestead-focused system under CCP Section 704 or the flexible system under Section 703.140(b), which includes a wildcard that often suits renters. To use California’s exemptions you generally must have lived in the state for at least 730 days.
The homestead amount under Section 704.730 is tied to the county median home price, subject to a statutory floor and ceiling, and it adjusts annually. In Chapter 13 the exemptions matter even though you are not liquidating, because your plan must pay unsecured creditors at least the value of your non-exempt property. Choosing the wrong system can inflate the payment you are asked to make.
Plans run three to five years. Your budget, the arrears you must cure, and the priority debts in the case determine the monthly payment. The trustee reviews the plan, creditors can object, and the court confirms it. Many clients have payments deducted directly from their paycheck. If your income drops, a plan can sometimes be modified, which is why building it around realistic numbers matters.
Glendale Chapter 13 Questions Answered
How long does a Chapter 13 case last?
Three to five years, depending on your income and the debts the plan must pay. At the end, remaining qualifying unsecured balances are discharged.
Will Chapter 13 stop a foreclosure on my Glendale home?
Yes. The automatic stay takes effect when the petition is filed and halts the sale. The plan then lets you catch up missed mortgage payments over time while you keep making the regular payment.
Can I keep my car in Chapter 13?
Usually, yes. If you are behind, the plan can cure the arrears. In some cases the loan itself can be restructured. We review the loan terms and your budget before recommending a path.
Do I have to give up my house or other property?
No. The main feature of Chapter 13 is that you keep your property. The trade-off is that your plan must pay unsecured creditors at least what they would have received if you had filed Chapter 7.
What if I make too much money for Chapter 7?
Chapter 13 has no means test cutoff in the way Chapter 7 does. Filers above the California median for their household size can still use it, with the plan payment set by your actual income and expenses.
Can Chapter 13 deal with IRS debt?
It can. Recent taxes that cannot be discharged are paid through the plan, and the stay stops levies while you do so. Some older income tax debt may be dischargeable if it meets timing rules, which we check during your consultation.
What happens if I miss a plan payment or lose my job?
Tell your attorney right away. A plan can sometimes be modified for a change in income, and a short delay is handled differently than a long one. Ignoring it risks dismissal, which ends the stay protection.
Will my employer find out?
Not automatically. They may learn if they are a creditor, if a garnishment must stop, or if plan payments come out of your paycheck. Employers cannot fire you solely for filing.
How soon after a Chapter 7 can I file Chapter 13?
You generally must wait four years after a Chapter 7 filing. After a prior Chapter 13, the wait is two years before filing another Chapter 13, and generally six years before Chapter 7, though that period can be shortened if your earlier plan paid enough to unsecured creditors.
Can a creditor’s judgment still be enforced after I file?
Enforcement stops under the automatic stay, including wage garnishments and bank levies. The judgment is then treated according to the plan and your exemptions. A California money judgment lasts 10 years and can be renewed, so addressing it in the case matters.
Can I handle my case without coming to an office?
Yes. The firm handles Chapter 13 cases fully by phone, email, video, and online chat, and offers 100% virtual consultations.
Is a bankruptcy petition preparer a substitute for an attorney?
No. A preparer can type forms but cannot give legal advice, pick exemptions, or represent you if the trustee or a creditor raises a problem. Mistakes can cost you property or your discharge.
Serving Glendale and Surrounding Chapter 13 Clients
Wadhwani & Shanfeld represents Chapter 13 filers in Glendale and across Los Angeles County. From Glendale and neighboring communities of the San Fernando Valley, including Sherman Oaks, Van Nuys, Encino, Woodland Hills, Reseda, Northridge, Granada Hills, North Hollywood, North Hills, Mission Hills, San Fernando, and Sylmar, the firm helps homeowners and wage earners across the region. The firm also serves Hollywood, Santa Monica, Los Angeles, Santa Clarita, Long Beach, Lakewood, Torrance, Compton, Inglewood, Gardena, Norwalk, Bellflower, Paramount, Cerritos, Signal Hill, Huntington Park, Pomona, Claremont, Glendora, West Covina, Montclair, and the Antelope Valley communities of Lancaster, Palmdale, and Acton.
Beyond Los Angeles County, the firm works with clients throughout Orange County, including Anaheim, Santa Ana, Garden Grove, Buena Park, Fullerton, Huntington Beach, Westminster, Costa Mesa, Newport Beach, Tustin, La Habra, Placentia, Mission Viejo, and Laguna Niguel, and throughout the Inland Empire in Riverside and San Bernardino Counties, including Ontario, Rancho Cucamonga, Upland, Fontana, Chino, Chino Hills, San Bernardino, Riverside, and the Coachella Valley.
Talk to a Glendale Chapter 13 Bankruptcy Attorney
If a foreclosure date, a garnishment, or a stack of arrears is pushing you toward a decision, call Wadhwani & Shanfeld for a free consultation. A Glendale Chapter 13 bankruptcy attorney at the firm will go over your income, your property, and your debts, explain whether a plan, Chapter 7, or a settlement outside of court fits best, and tell you honestly which one protects what matters to you.
You will speak directly with an attorney from the first call, and you can handle your case remotely or in person. When a sale date or levy is close, call now so the filing can be prepared in time.
