Chapter 7 & 13 Bankruptcy
Is Chapter 7 or 13 right for me?
Chapter 13 Bankruptcy is generally used by debtors who want to keep secured assets, such as a home or car, when they have more equity in the secured assets than they can protect with their California bankruptcy exemptions. Chapter 13 Bankruptcy is a reorganization whereas Chapter 7 bankruptcy is a liquidation.
A Chapter 13 Bankruptcy allows them to make up their overdue payments over time and to reinstate the original agreement. Where a debtor has valuable nonexempt property and wants to keep it, a Chapter 13 may be a better option. However, for the vast majority of individuals who simply want to eliminate their heavy debt burden without paying any of it back, Chapter 7 provides the most attractive choice.
In addition, the total amount paid to creditors under the Chapter 13 plan must also be at least as much as creditors would have received if the debtor filed a Chapter 7 bankruptcy. To file Chapter 13 Bankruptcy you must have a “regular source of income” and have some disposable income to apply towards your Chapter 13 payment plan.
Not everyone qualifies. We can help you figure it out.
It is important to note that not everyone can qualify for a Chapter 7 or 13 bankruptcy and must meet certain criteria before being able to file. If you are considering filing for a Chapter 7 or 13 Bankruptcy, the Foothill Law Group is here to advise you through this entire process. Stop drowning in debt and get the fresh start you desperately need.
To evaluate whether Chapter 13 or Chapter 7 Bankruptcy is right for you, contact the Foothill Law Group today.