Chapter 13 — Should I File for a Wage Earners Bankruptcy?
Threats of garnished wages, repossession and foreclosure are enough to keep any person awake at night. With proper planning and the help of a skilled bankruptcy attorney, you can eliminate these threats and protect your assets.
Chapter 13 bankruptcy is often called a "wage earners bankruptcy." The reason is that most people who file are "wage earners" — people who are earning money and not necessarily interested in liquidating assets in exchange for immediate debt forgiveness, as in a Chapter 7 proceeding.
"Through my legal practice, I have helped countless clients get a fresh financial start through bankruptcy. My success rate is high among those who qualify." - Attorney Michael H. Raichelson
Instead, in a Chapter 13 bankruptcy the filer will pay off some past-due and current debts in monthly increments over three to five years according to a reorganization plan and according to what they can reasonably afford. Such debts can include anything from mortgages and car loans to past-due taxes. Also, a Chapter 13 bankruptcy will stop a foreclosure and allow you to make catch up payments over time.
At The Law Offices of Michael H. Raichelson in Woodland Hills, California, we work daily with clients who seek debt relief through a California bankruptcy. For a free consultation with a competent and skilled Woodland Hills Chapter 13 bankruptcy lawyer, call us at 818-921-7306.
Who Should File? Van Nuys Chapter 13 Bankruptcy Lawyer
Filing for Chapter 13 bankruptcy is a good idea if you do not qualify for Chapter 7 bankruptcy under the means test. Likewise, it may make sense if you wish to save a home that is in danger of foreclosure, a vehicle that is being threatened with repossession or a nonexempt property that you might otherwise lose to liquidation.
Will I Lose My House? My Car?
Each state allows bankruptcy filers to keep certain assets. California has its own requirements, many with caps limiting the value of certain assets you can keep. In a Chapter 13 bankruptcy, you get to keep your assets, including your home, cars, and personal property in that you are paying back a portion of your debts over time.
Catch Up on Your House Loan Through Mortgage Stripping
Through the Chapter 13 process, you may be able to remove the second or third mortgage from your home in a process informally called "lien stripping."
If the balance of your original mortgage exceeds the fair market value of your home, your second (or third) mortgage has no equity in it. As a result, the second (and third) mortgage(s) may be re-characterized as unsecured debt, and the liens securing these debts may be stripped away, leaving a homeowner with only the original mortgage to pay once the Chapter 13 plan is completed.
For more information, please visit our Lien Stripping page.
Establish a Chapter 13 Payment Plan — Woodland Hills Chapter 13 Lawyer
We know how to get our clients a discharge if they qualify. We have a high success rate for qualifying bankruptcies.
Chapter 13 bankruptcy is a complicated area of law, but one you can navigate safely with the help of a competent Woodland Hills Chapter 13 attorney. Contact us online today or at 818-921-7306.
Spanish translation is available. Servicios de traducciones disponibles.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.










