What Is Chapter 13 Bankruptcy And How Can It Help Me?
hapter 13 Bankruptcy is used to restructure your debts, which involves a monthly payment plan for 3 to 5 years. The payment is based on your disposable income and the type of debts you have. In most cases, you only pay a fraction of your debt. In the FREE consultation, if Chapter 13 is a viable option, I will estimate your monthly payment under the Chapter 13 plan.
What can Chapter 13 Bankruptcy do for my debts?
STOP FORECLOSURE AND REPOSSESSION.
Chapter 13 Bankruptcy can stop foreclosure and repossession by restructuring your debts so that you can afford to keep your house or car and also by reducing your debt: (1) eliminating your 2nd and 3rd mortgages or home equity line of credit; (2) eliminating a portion or all of your credit cards, unsecured loans, medical bills; (3) cramming down your car loan to the retail value of your car; (4) eliminating unsecured, nonpriority portion of certain tax debt; etc.
Chapter 13 Bankruptcy allows you to save your home or car by arranging a payment plan with the lender to pay off or “catch-up” with the arrearages owed for your mortgage or loan payments in 5 years.
STRIP OFF OR ELIMINATE YOUR 2ND OR 3RD MORTGAGE(S) OR EQUITY LINE OF CREDIT
If you own a home, you may qualify for “Lienstripping” your second mortgage or equity line of credit on your home. The debt owed on the second mortgage or equity line of credit would be eliminated or “wiped out” once you completed your Chapter 13 bankruptcy plan and the court granted you a discharge. Call to check if you can qualify for Lienstripping.
STOP TAX COLLECTORS’ LEVIES.
Moreover, Chapter 13 Bankruptcy can stop levies by the Internal Revenue Services, Franchise Tax Board, or Board of Equalization by confirming a 3 to 5 year payment plan with the U.S. Bankruptcy Court.
STOP LAWSUITS , WAGE GARNISHMENTS, BANK LEVIES BY RESTRUCTURING OR REORGANIZING DEBTS WHEN YOU DO NOT QUALIFY FOR CHAPTER 7.
In addition, if you do not qualify for a Chapter 7 Bankruptcy but you are crippled by credit cards, unsecured loans, and medical bills, Chapter 13 Bankruptcy can reduce your payments based on your disposable income. You would make one payment to the court per month for 3 to 5 years. At the end of the 3rd or 5th year, whatever portion of the credit cards, unsecured loans, and medical bills that is unpaid in the plan (even if it is 99%!) will be discharged or ELIMINATED. Once you successfully complete the Chapter 13 Bankruptcy Plan payments and the court granted you a discharge, your creditors for credit cards/unsecured loans/medical bills CANNOT harass or attempt to collect from you. That is the whole point of a Chapter 13 Bankruptcy discharge.
At least with a Chapter 13 Bankruptcy, your payment is limited to 3 to 5 years and the payment is based on what you can reasonably afford. In contrast, if you were to pay off your credit cards with onerous interest rates and penalties on your own, it could take you decades to pay them off. Because every case is unique, there are a lot more issues (not discussed here) to consider to determine whether Chapter 13 Bankruptcy is the right choice for you. Call to schedule a FREE consultation with an experienced Bankruptcy Attorney for more information on how a Chapter 13 Bankruptcy can resolve your financial problems.
REASONS FOR FILING CHAPTER 13 BANKRUPTCY.
1. Your income is too high to qualify for Chapter 7 Bankruptcy but you cannot continue making payments to creditors.
2. You have too much assets that can be protected under the California exemptions statutes and you would like to keep all of your unexempt or unprotected assets.
3. You have priority debts like taxes and child support that you cannot manage on your own or work out a reasonable payment structure.
4. You want to save your home from foreclosure.
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