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Chapter 13

Fresno Chapter 13 Bankruptcy Attorney Helps Individuals Reduce Their Debt While Keeping Their Property

Thorough lawyer reorganizes personal debt for Californians

Individuals who can’t pay their debts on time and face harassment or collection actions from their creditors might be able to take advantage of a legal remedy that can make their debts more manageable while allowing them to keep their property, including their homes. A Chapter 13 bankruptcy, known as a wage earner’s plan, may give you a three-to-five-year window in which to repay most of your debts, after which the remainder may be discharged. At Gates Law Group, A Professional Corporation, we have four decades of experience helping California individuals and families ease their debt burdens while protecting their property.

Do you qualify for Chapter 13 bankruptcy?

Not everyone is eligible for Chapter 13 bankruptcy. To file, you must:

  • Be an individual, not a company
  • Not be a stockbroker or commodity broker
  • Prove that you have an income large and steady enough to meet your current household expenses while paying off your debts in accordance with a repayment plan
  • Have paid federal and state income taxes for the last four years
  • Have limited amounts of debt, which, as of 2020, are $1,257,850 of secured debt and $419,275 of unsecured debt

Before you file for Chapter 13, you will need to complete an approved credit counseling course, which will teach you about other options and help you decide if this form of bankruptcy is right for you. To begin the process, you will need to file a petition setting forth detailed information on your financial condition, including your assets, income, expenses, debts and creditors. If we represent you, we can determine if you qualify and prepare and file the petition and necessary paperwork on your behalf.

Thorough attorney guides you through debt reorganization

The most critical part of the Chapter 13 process is the repayment plan, which you must propose to your creditors and get confirmed by the court. Most plans allow the debtors to pay less than the full amount of their debts, but creditors have the right to object. You will need to satisfy their objections or negotiate a compromise. The court will confirm the plan if it determines that you submitted it in good faith, it is feasible and you are otherwise eligibility. As your counsel, we will analyze your debt situation, negotiate with your creditors and fashion a plan that will meet court approval.

Not all debts can be reorganized under Chapter 13. You must pay certain “priority debts,” such as child support and alimony, in full. You must also pay secured debts, like mortgages and car loans, if you want to hold onto the collateral, such as your home and car. However, arrearages on secured loans can be repaid in installments over the length of the plan. You don’t have to pay unsecured debts in full, as long as you pay all of your disposable income toward them. You can also keep some or all your property, either by claiming them as a bankruptcy exemptions or by paying the value of non-exempt property. As your counsel, we will work out a plan designed to protect the maximum amount of property while minimizing your debt payments.

Contact a dedicated California bankruptcy lawyer for a consultation

Gates Law Group, A Professional Corporation represents debtors in Chapter 13 bankruptcies. Please call 559-432-9944 or contact us online to schedule a consultation. We serve clients from our main office in Fresno and locations in Paso Robles and Visalia.

COVID-19 Notice

These are unquestionably difficult times. We understand the word "crisis". Usually, people do not come to us just to say hello. They come with their problems and we have to respond quickly. We understand they need help.

The problems do not stop because of the presence of the COVID-19. Assistance from our office will continue. We have the technology available to provide our clients with continued quality legal services in order to protect their interests. We can meet our clients virtually whether by telephone or video. We can meet our clients in person but with special arrangements and implemented safeguards.

In spite of the pandemic, life does not stop. You may continue to have legal needs. Some people will have greater needs than others. We stand ready to help whatever the circumstances.

Your continued faith in us never goes unnoticed.

Allowing us to help you is a privilege we take very seriously. Gates Law Group, A Professional Corporation Tough. Competent. Understanding.

Our Office
  • Fresno Office
    2445 Capitol Street
    Suite 160 E
    Fresno, California 93721
    Phone: 559-432-9944
    Fax: 866-740-6678
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