Chula Vista Chapter 13 Lawyer

Eliminate Debt Through Repayment Plans

With Chapter 13 bankruptcy, debtors can reorganize their financial obligations into consolidated monthly payments based on their income. This court-approved repayment plan process usually takes between 3 to 5 years.

After this period is completed, much of the debt that remains is discharged and eliminated. Additionally, after this process has begun, creditors are legally barred from pursuing you for payment.

Filing for Chapter 13 might be the ideal option for you if:

• You have a second mortgage
• Your home is in danger of foreclosure
• You do not qualify for Chapter 7 bankruptcy
• You are currently employed or have a regular income
• You own a substantial amount of non-exempt property
• You are significantly behind on your car loan payments
• You want to work towards paying off your debts and can commit to a repayment plan

What Are the Qualifications for a Hardship Discharge?

A Chapter 13 hardship discharge may apply when a person is unable to complete the required payments in their repayment plan. A discharge may be granted by the court for those who apply.

Factors indicating hardship discharge include unsecured creditors receiving the amount necessary for Chapter 7 bankruptcy, failure to complete payments because of circumstances outside of a person's control, the inability to modify the original repayment plan.

At Denton Law Group, we require no upfront attorney fees as well as payment plans for Chapter 13 bankruptcy cases.

How Filing for Chapter 13 Bankruptcy Works

Sometimes referred to as a wage earner's debt relief option, Chapter 13 bankruptcy has certain unique benefits not available in other forms of federal debt relief, such as Chapter 11 bankruptcy.

The most significant difference is that almost any type of debt, both secured and unsecured, can be dealt with under a Chapter 13 bankruptcy declaration process.

The benefits of a Chapter 13 bankruptcy include:

• Possibly eliminating second mortgages or liens on your home
• Clearing from your credit report in ten years, typically in as little as seven years
• Providing the opportunity to negotiate the balance on your car loan to current market value
• Allowing you to manage delinquent student loans, child support payments, and tax obligations
• Allowing you to keep both exempt and nonexempt properties, such as your home, second houses, vehicles, or boats

What Happens After a Chapter 13 Bankruptcy?

It can take up to five years to complete a repayment plan under Chapter 13 bankruptcy. As mentioned, Chapter 13 can remain on your credit report for up to ten years after you file.

However, since this starts from the time you file, rather than the time your debt is discharged, this means your filing will appear on your credit report for only another two to five years after you've completed the process.

During a Chapter 13 bankruptcy, you will require court permission before taking out any new loans. However, once the process is complete, you will no longer have this requirement and can freely start rebuilding your credit.

What are the Advantages and Disadvantages of Filing for Chapter 13 Bankruptcy?

Benefits of Filing Chapter 13:

• Creating a repayment plan that allows you to pay off your debts over a 3-5 year period.
• Protection from creditors through an automatic stay.
• Keep your property like a home or a car as long as payments are made.
• Protects co-signers from debt liability.
• Discharges some unsecured deb after completing the repayment plan.

Disadvantages of Filing Chapter 13:

• It's a time-consuming process
• Negative impacts on your credit score.
• Limited debt forgiveness: Debtors may still be responsible for certain debts not discharged through Chapter 13.
   

How Our Chula Vista Debt Relief Firm Can Help

Declaring Chapter 13 is a proactive approach to tackling overwhelming debt. However, it is a complicated legal procedure that should be done by an experienced bankruptcy lawyer.

At Denton Law Group, our bankruptcy attorney in Chula Vista can provide the unwavering representation you require to ensure your rights are protected and the personal attention you deserve throughout the entire process.

Visit our lawyer reviews to see why clients choose our California law firm when they are looking for the best Chapter 13 bankruptcy lawyers near them.

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• Does Bankruptcy Stop Eviction?