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Chapter 13 Bankruptcy

Debt Reorganization  & Repayment Plan

Chapter 13 bankruptcy, also known as debt reorganization, is the second most common type of bankruptcy for consumers.  Chapter 13 bankruptcy allows a debtor to propose a feasible plan to repay all or part of their debt over time (typically over three to five years).  Many chapter 13 homeowners are able to strip liens (eliminate second and third mortgages and judgment liens) when the amount they owe on the first mortgage exceeds the value of the home.

This is often better than what can be accomplished through "loan modification."

A successful chapter 13 bankruptcy case will legally excuse the debtor from having to repay any debts discharged after successful completion of the Chapter 13 bankruptcy plan.  Most debtors are able to keep everything they own through asset protection laws (exemptions).  If income decreases during the plan, or certain expenses increase, the plan can be modified or even converted to Chapter 7.

The Chapter 13 Process in a Nutshell

Filing for Chapter 13 Bankruptcy is no walk in the park and generally should not be attempted without experienced legal counsel.  Doan Law's "Chapter 13 Dream Team" is among the most successful in the Chapter 13 arena for filing feasible plans that are confirmed by the court.  There are many nuances between district courts, judges and trustees.  With that in mind, here's how it works in a nutshell:

1.  Free Consultation

Call 888-362-6529 or complete the Free Evaluation form (to the right) and we will schedule your free consultation at your convenience.  Then, download our Client Intake Form and bring it with you to your free initial consultation.  We will analyze your scenario, and if you qualify we'll get to work immediately.  We'll send each creditor a "Cease and Desist Notice" so they stop bugging you, ending creditor harassment.  You then get started on your homework packet, and begin feeling the relief immediately.

2.  Petition Preparation

Complete your Bankruptcy Worksheets and attach the supporting documents, such as paystubs and tax returns.  If you own real estate, we will need to get its value appraised.  You will also have to obtain your "permission slip" (pre-filing consumer credit counseling certificate) by completing a brief online course.  A specially trained chapter 13 bankruptcy case manager will prepare your case for the attorney to personally review with you.  Once we all agree it is accurate and complete, we will file it with the court.  All creditor activities are legally stopped!  You will commence making your chapter 13 bankruptcy plan payment, in addition to your usual mortgage payments (if you own real estate).

3.  341 Meeting of Creditors

There is no need to be nervous.  Our Chapter 13 Bankruptcy Attorneys are no less than stellar.  One of them will accompany you at your 341 Meeting of Creditors.  Unlike a Chapter 7 meeting of creditors, a Chapter 13 341 meeting is very in depth and personal.  But don't worry or be stressed out!  There's no judge involved at this hearing.  It is merely to provide the trustee with acknowledgment that you are the person whose name appears on the bankruptcy paperwork, and to verify that the information is correct.  At the conclusion of this meeting, most cases are placed on the "consent calendar" and no further appearance from you is necessary.  If you are required to attend a "Confirmation Hearing" we will let you know.  Either way, we will keep you advised every step of the way.

4.  The Chapter 13 Plan

Continue to make the monthly Chapter 13 Plan Payment for the duration of the bankruptcy case.  If you own real estate, you will need to continue to make your regular monthly mortgage payments as well.  We can elect to make car payments through the plan, or outside the plan, depending upon your best interests.  We will need to submit annual tax returns to the chapter 13 trustee for the duration of the plan.

5.  Complete the Plan and Receive Your Discharge

Once your plan is complete, the Bankruptcy Court will issue your Discharge. 

6.  Create a Will or Living Trust

You don't need to have a large estate or millions of dollars to create a will or trust.  Often, the state does not have your best interests in mind when distributing your property after you die.  Do you want the state to determine who gets your IRA and your family heirlooms, or do you want to designate your own beneficiaries?  Contact us for more information about our estate planning services.

Stop Suffering

There is no need to suffer needlessly at the hands of abusive creditors.  After bankruptcy most of our bankruptcy clients enjoy an increase in not only their general peace of mind, but in their credit and FICO scores as well.  This is usually due to the fact that there is no more unsecured debt.

The Doans have collectively filed tens of thousands of successful bankruptcy cases over the last two decades.  Our bankruptcy offices are located throughout Southern California, and we provide bankruptcy help throughout the entire state of California by phone and over the internet. 

 







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    Laguna Hills Bankruptcy
    25401 Cabot Rd.
    Suite 113
    Laguna Hills, CA 92653
    Call 888-362-6529

    Santa Ana Bankruptcy
    930 West Seventeenth St.
    Suite C
    Santa Ana, CA 92706
    Call 714-795-3536

    Corona Bankruptcy
    1411 Rimpau Ave.
    Suite 108
    Corona, CA 92879
    Call 909-708-4597

    Moreno Valley Bankruptcy
    24490 Sunnymead Blvd.
    Suite 101
    Moreno Valley, CA 92553
    Call 951-579-4756

    Watsonville Bankruptcy
    444 Airport Blvd.
    Suite 109
    Watsonville, CA 95076
    Call 888-362-6529

    Oceanside Bankruptcy
    1930 S Coast Hwy
    Suite 206
    Oceanside, CA 92054
    Call 760-450-3333

    Chula Vista Bankruptcy
    333 H Street
    Suite 5000
    Chula Vista, CA 91910
    Call 619-500-6535

    Escondido Bankruptcy
    320 East 2nd Ave.
    Suite 108
    Escondido, CA 92025
    Call 760-746-4476

    La Mesa Bankruptcy
    4817 Palm Ave.
    Suite I
    La Mesa, CA 91942
    Call 619-462-362

    San Diego Bankruptcy
    185 West F St
    Suite 100
    San Diego, CA 92101
    Call 619-234-3626