Chapter 13 Bankruptcy – Who Qualifies? According to Bankruptcy Code 11 U.S.C. 109(e): Chapter 13 Bankruptcy Qualifications: “Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $419,275 and noncontingent, liquidated, secured debts of less than $1,257,850
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Bankruptcy Attorney Sacramento, Stockton, Fairfield, California.
Muoi Chea is an experienced Bankruptcy Attorney in Sacramento, Stockton, and Fairfield, California. For over 10 years, I have successfully represented exclusively Debtors in Chapter 13 Bankruptcy and Chapter 7 Bankruptcy proceedings in Bankruptcy Courts at Sacramento and Modesto, California.
I have a long consistent track record of being a successful bankruptcy attorney helping debtors and small business owners out of debt. I helped thousands of Northern and Central California residents eliminate and restructure their debts.
I have successfully stopped foreclosure, wage garnishment, IRS tax levy and garnishment, car repossession, and creditor’s lawsuit and harassment.
My Sacramento Bankruptcy Attorney Office is not a mill. I will personally handle your case from start to finish. I, personally, will take the time to answer your questions during the consultation and over the phone. You are being represented by me and no one else.
When you come in for a consultation in either Bankruptcy Attorney Offices in Sacramento, Stockton, or Fairfield, CA, I will explain your options under the Bankruptcy Law as well as Bankruptcy alternatives. I have worked on thousands of cases and I am capable of giving you scenarios that I have faced as an experienced Bankruptcy Lawyer.
Everyone needs a second chance. Whether you are facing foreclosure or accumulated debts because of illness or lost wages, bankruptcy can give you the second chance that you need to regain control of your life. Most people do not know that medical bills and lost of income are the main reasons why people file for personal Chapter 7 or 13 Bankruptcy. Everyone at some point in their life find themselves in a situation that is beyond their control. Stop blaming yourself and look for a solution for your debt.
You would be shocked at the number of people who filed for bankruptcy throughout Sacramento, Placer, Yolo, San Joaquin, Stanislaus, Yuba, and Solano county California. Most likely you know someone who filed for either Chapter 13 Bankruptcy or Chapter 7 Bankruptcy but they would not tell you. Inaction and delays can only make your situation worse, especially when you are facing imminent foreclosure, wage garnishment, and lawsuit from creditors. It is time to put an end to your financial problems and get a fresh start.
When you come in for your consultation in the Sacramento, Stockton, or Fairfield CA Bankruptcy Attorney Offices, I will go over your personal situation and explain how bankruptcy may affect each of your debts and assets. I will not recommend bankruptcy unless you need it. My aim is to provide the very best counsel to my clients, and I will be as objective as possible about your options.
At the end of the consultation, if you decide that Bankruptcy is the right option for you, I will quote you a reasonable fee. You are under no obligation, and whatever you decide, my advice to you during the consultation is free. My fees are reasonable because I sympathize that you are struggling financially and are seeking debt relief. That is why I also offer Payment Plans so that we can begin the road of recovery together quicker.
What is Chapter 7 and 13 Bankruptcy and how can it help me?
Chapter 7 Bankruptcy
Chapter 7 Bankruptcy is also known as “liquidation”, which can be used to wipe out credit cards, unsecured loans, medical bills, deficiency from repossession or foreclosure. Click on Chapter 7 Bankruptcy for more information.
Chapter 13 Bankruptcy
Chapter 13 Bankruptcy is also known as “reorganization”. If your income is determined to be too high for a Chapter 7 procedure, but you are facing foreclosure on your home, wage garnishment, car repossession or tax debts or tax levy, Chapter 13 bankruptcy can help give you some breathing room. Chapter 13 bankruptcy can also eliminate your 2nd and 3rd mortgages or equity line of credit on your house. Click on Chapter 13 Bankruptcy for more information.
Call Muoi Chea Bankruptcy Attorney in Sacramento Stockton Fairfield California Offices to know your rights under the Bankruptcy Code and STOP:
Bank Account Levy
Lawsuits and Creditors’ threats
Driver License Suspension
Professional License Suspension
Schedule a Free Consultation to determine if you qualify for the benefits of Bankruptcy. Click here for a list of what to bring for your bankruptcy consultation.
Cases are accepted throughout all of Northern and Central California cities:
We are a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Click below for Directions to Office locations:
Bankruptcy Attorney Sacramento CA (916) 441-4205
Bankruptcy Attorney Stockton CA (209) 751-7448
Bankruptcy Attorney Fairfield CA (707) 394-4195
Recent Bankruptcy Attorney Blogs (click on the link for entire article):
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Reasons for Bankruptcy Case Conversion
The topic in this section is Voluntary Bankruptcy Case Conversion. Why would a Debtor convert her Chapter 13 Bankruptcy case to a Chapter 7 Bankruptcy case? One reason is that Debtor can no longer afford the Chapter 13 Bankruptcy Plan payment and that there are no nonexempt property or at least
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Venue: Where can I File for Bankruptcy?
Whether you want to file for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, you must file your case at the proper Bankruptcy Court. For example, if you live in Los Angeles, you cannot choose to file in Sacramento, CA Bankruptcy Court just because you are visiting your parents during your vacation
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – California Homestead Increase effective January 1, 2021
Starting on January 1, 2021, the California homestead exemption is increased to at least $300,000 but up to $600,000 for every homeowner. The amount depends on the countywide median sale price for a single-family home in the calendar year prior to the calendar year Debtor claims the exemption. How does the
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Pros and Cons – Chapter 7 Bankruptcy Benefits
Chapter 7 Bankruptcy benefits and some common pros and cons: Chapter 7 Bankruptcy Benefits: No Payment Plan in Chapter 7 Bankruptcy. Unlike a Chapter 13 Bankruptcy, there is no payment plan to your creditors. However, for some clients, a Chapter 13 Bankruptcy is more beneficial if they are trying to stop
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – After Bankruptcy: Discharged Debt and IRS Form 1099
Sacramento Bankruptcy Attorney A creditor may mistakenly mail you an IRS Form 1099 cancellation of debt after you receive your Bankruptcy Discharge. No sweat. When a debt is discharged by Bankruptcy, it is not considered cancellation of debt where you need to treat it as income and pay extra in taxes.
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – HAVEN Act: Veterans (VA) Benefits Excluded from Bankruptcy Current Monthly Income
Under the HAVEN Act, which Veterans Administration or VA benefits are excluded in Bankruptcy Current Monthly Income calculation? (HAVEN Act is acronym for Honoring American Veterans in Extreme Need Act of 2019). Below is what was published in the United States Trustee’s website for Bankruptcy Cases: Disability and death benefits paid
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – How COVID-19 and the CARES Act Affect Bankruptcy
CARES Act and Bankruptcy. People who are affected by COVID-19 will benefit from the changes in Bankruptcy by the CARES Act. Chapter 13 Bankruptcy Plan can be extended to 7 years term Under 11 U.S.C. 1329(d), a debtor who is experiencing or has experienced a material financial hardship due to coronavirus
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Haven Act excludes certain veteran affairs benefits from the current monthly income calculation in Bankruptcy
In August, 2019, the President of the United States signed the Honoring American Veterans in Extreme Need Act of 2019 (aka the Haven Act) into law. The Haven Act excludes certain veteran affairs benefits from the current monthly income calculation in Chapter 7 and Chapter 13 Bankruptcy. Prior to the Haven
Small Business Bankruptcy has become a much discussed topic recently at my office. COVID-19 causes many small businesses to lose revenues and accumulate debts. Filing for small business bankruptcy may be an option you should consider. Small Business is a Sole Proprietorship If your small business is a sole proprietorship, you
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Conversion Chapter 13 Bankruptcy to Chapter 7 Bankruptcy
What do you do if you can no longer afford your Chapter 13 Bankruptcy plan payments? What if the sole reason you are in a Chapter 13 Bankruptcy is because of car or house you no longer want? Conversion Chapter 13 to Chapter 7 Bankruptcy might be an option. Can I
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Chapter 13 Bankruptcy and Repossession
Chapter 13 Bankruptcy can be used to stop auto repossession and reduced payments. Are you in danger of auto repossession? You can file a Chapter 13 Bankruptcy to spread out the payment up to 60 months. You may also reduce the interests and cram down the principal loan balance. You may
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Purchase of a Car after Chapter 7 and 13 Bankruptcy
A lot of my clients equate the time that bankruptcy will stay in your credit report to the time you will be without credit. This can scare some people from filing bankruptcy. What if you need to finance a car? Yes, the word “bankruptcy” can stick to your credit report for
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Reaffirmation of Car Loan in Chapter 7 Bankruptcy
Should you sign the Reaffirmation Agreement for your Car Loan in Chapter 7 Bankruptcy? Your auto lender would prefer you sign and agreed to the reaffirmation agreement. A reaffirmation agreement if approved by the Bankruptcy Judge will make you liable for the car loan plus any costs relating to repossession and
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – What Should Client Bring for Consultation for Chapter 13 or 7 Bankruptcy Filing?
Documents to bring to Muoi Chea, Sacramento Bankruptcy Attorney consultation: 7 months of pay stubs or documentations of all source of income for the last 7 months. Even if your spouse decide not to file with you, you should bring 7 months of spouse’s income. If you own a business or
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – What Should A Debtor Expect at the 341 Meeting of Creditors for Chapter 13 Bankruptcy Cases?
If you filed for Chapter 13 Bankruptcy protection in Sacramento Bankruptcy Court or Modesto Bankruptcy Court, you will receive a Notice of Chapter 13 Bankruptcy Case in the mail about a couple of weeks after the filing of your case. On the second page of the Notice, is your court date,
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – 2019 Median Household Income for Chapter 7 Bankruptcy Means Test & Chapter 13 Bankruptcy Commitment Period
Chapter 13 Bankruptcy and Chapter 7 Bankruptcy are both affected by the Median Household Income Increased. Call Sacramento Bankruptcy Attorney Muoi Chea for a more in-depth explanation. Starting on November 1, 2019, the median household income figures used to determine Chapter 7 Bankruptcy eligibility has increased. Moreover, in Chapter 13 Bankruptcy,
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – What is the Biggest Limitation or Drawback in Filing Chapter 7 Bankruptcy?
Too Much Asset or Property. The biggest limitation and drawback of Chapter 7 Bankruptcy that I see as a Sacramento Bankruptcy Attorney is that some clients have too much property. If your property is not exempt or protected under the California exemptions, you risk losing that property. The Bankruptcy Trustee will
Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Should I File My Tax Return before I File for Chapter 7 or 13 Bankruptcy?
The general answer is “Yes”. You want to be able to Spend your Tax Refund Whether you file a Chapter 7 or 13 Bankruptcy, your Sacramento Bankruptcy Attorney needs to know what you are entitled to receive in tax refunds. Tax refunds are asset in bankruptcy court and your bankruptcy attorney
This website is for informational purpose only and is not intended to take the place of consulting an experienced bankruptcy attorney. Bankruptcy law is very complicated and there is no cookie cutter formula that works for every case. Every topics, scenarios, and rules cannot be covered in a website. Moreover, people differs in their priorities, preferences and wants. You should consult an experienced bankruptcy attorney if you have financial problems.
Sacramento CA 95814
Stockton CA 95207
Fairfield CA 94533