Chapter 13 Bankruptcy Attorneys in Encino
We Serve All Clients Throughout the Nation
Chapter 13 bankruptcy, often called "wage-earners bankruptcy",
provides a person with a way to achieve a new start, but requires the
filer to pay off some of their outstanding debts. Under the terms of Chapter
13 bankruptcy, your unsecured debts are combined into one category and
a payment plan is developed based on calculations of your disposable income.
You will still have enough of your income to pay your living expenses,
such as house payment, car payment, and utility bills, but the largest
part of your income above those expenses will be used to pay off your
unsecured creditors over a 3 to 5 year period. Once the agreed payments
have all been made, you will receive a
discharge for your debts that were included in the bankruptcy, whether or not the
payments satisfied the outstanding balance.
Contact an Encino Chapter 13 lawyer
online or call (866) 210-1722 for a free initial consultation.
We're backed by years of experience and serve nationwide. Call today!
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About the Filing Process
Filing a Chapter 13 bankruptcy requires you to submit a detailed budget
to the court and the trustee. It may take time for you to compile all
the records necessary to file a Chapter 13 case. Your Encino bankruptcy
attorney will help you evaluate your financial situation and prepare your
case for court.
When you file your case, you must begin making payments to the Chapter
13 trustee who will oversee the payment of your debts in the bankruptcy
case. If you wish, most trustees will allow you to set up an automatic
draft so that payments can be made from your bank account automatically.
Typically debts that you owe to the government are not dischargeable, but
including them in your Chapter 13 plan can have many benefits. Chapter
freezes interest and penalties on taxes. This will allow your payments to go directly
to the principle, greatly reducing your interest and penalty burden. Chapter
13 will stop the government from adding more penalties and interest to
your back taxes.
What is a Cramdown in Chapter 13?
debt can be extremely overwhelming, and in some cases, it may appear that there
is no way to get out of the pit. Chapter 13 bankruptcy specifically is
considered to be a debt reorganization rather than elimination like
Chapter 7. In some cases, you may have an investment property in which your principal
balance of debt (the mortgage you owe) is actually higher than the value
of the home itself. In this case, chapter 13 bankruptcies allow the opportunity
of what is called a "cramdown" in order to help you reduce that
principal payment. Unfortunately, only specific forms of secured debt
can be used for a cramdown. What makes your debt secured is that there
is a security interest by your lender in the property allowing them the
power to repossess in the event that you are unable to make your payments.
This can include your car payments, investment properties as well as various
forms of personal properties as well.
Call an Encino Chp. 13 Lawyer at (866) 210-1722
The process of a cram down can be complicating and for this reason, hiring
a trusted Encino
bankruptcy attorney in your area is absolutely essential. For more information on
the protections available under Chapter 13 bankruptcy, schedule your appointment for a
free initial consultation with Price Law Group.
For more information call us at 866-210-1722 or fill out the form below.