Chapter 13

San Diego Chapter 13 Bankruptcy Lawyer

Arrange a Fair Payment Plan for a Fresh Financial Start

Has an unexpected injury, illness, or some other unforeseeable expense set you back financially? Despite a steady income, are you struggling to keep up with growing debts that threaten to overwhelm you? Are you in danger of losing your home, car, or other valuable assets? Relief is available to you under the law in the form of Chapter 13 bankruptcy, which can give you the chance to restructure your debt, protect your assets, and pay back what you owe over time.

The goal of Chapter 13 is to restructure your obligations through a plan that is then offered to your creditors. The court will then appoint a trustee to oversee your case, including the completion of either a three- or five-year “commitment period” before a discharge of debts can be issued.

Serving debtors throughout Southern California, the Law Office of Thomas B. Gorrill has helped thousands of clients through the bankruptcy process in order to get to a brighter financial future. With decades of experience working on cases from both debtors and creditors, we have the in-depth experience needed to help you.

Schedule an initial consultation with our Chapter 13 attorney in San Diego by calling (619) 815-2761 or contacting us online. Our firm offers in-person and virtual appointments for your convenience.

Is Chapter 13 Right for You?

Qualifying for Chapter 13 Relief

Filing for Chapter 13 bankruptcy is a major commitment, as the process will last between three and five years. Seeking any type of bankruptcy relief will also have major financial ramifications, and it is important that you carefully consider what filing can and cannot do for you.

To file for Chapter 13 bankruptcy, you must be able to afford a payment plan. If you have little to no disposable income, this will not be practical. “Disposable income” refers to the amount of money you have left over each month after paying essential expenses like housing, food, and transportation.

In other words, Chapter 13 bankruptcy tends to only make sense if you have a consistent income but cannot keep up with your bills. This could happen if you are forced to take a lower-paying job or if you are beset by unexpected expenses, such as medical fees associated with an injury or illness.

Filing for Chapter 13 bankruptcy may be in your best interest if you are in danger of losing your home or car. The process gives you a chance to resolve arrears and bring your secured loans current, allowing you to keep your most important assets.

Chapter 13, however, is only available for individuals with regular income to fund a monthly plan payment. Therefore, a sole proprietor can file Chapter 13, but a corporation or limited liability company (LLC) may need to file under a different chapter instead.

Chapter 13 bankruptcy also does not make sense if you have little to no current income. In these situations, Chapter 7 bankruptcy could provide the relief you need. Compare your current income to California’s average median income for your household size: If you make less than this number, you must file for Chapter 7. Chapter 7 may also be your only option if you do not have substantial disposable income. Our attorney will thoroughly assess your finances and determine your eligibility and options.

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Tom took charge when others couldn’t, providing calm and expert guidance through a tough IRS case. His dedication and service are unmatched—highly recommended!

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Tom provided compassionate, tailored advice and explored all options—not just bankruptcy. He’s a true counselor at law, guiding us toward the best solution!

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Tom’s clear advice and thorough support made the entire process easy and stress-free. He knew exactly how to navigate the situation, providing invaluable service!

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From start to finish, Tom and Shannon’s professionalism and communication made the bankruptcy process seamless. Their attention to detail ensured everything went smoothly!

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Ready to Start Your Path to Financial Freedom?

Contact us today to schedule a confidential consultation. We’re here to answer your questions and help you take the first step toward a fresh start.

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The Benefits of Chapter 13

The three most common reasons for filing bankruptcy under Chapter 13 include:

To stop a foreclosure and save a home by curing mortgage arrears
To “strip off” a second trust deed and other junior liens if the value of the debtor’s home is less than the balance owed on the first trust deed
To seek debt relief when the debtor earns too much to file under Chapter 7

Filing a petition also grants an automatic stay. While the stay is in effect, creditors generally cannot begin or continue any debt collection actions, such as foreclosure, a lawsuit, repossession, or wage garnishment. In addition, Chapter 13 can stop a creditor from trying to collect from others, such as a co-signor, who may be jointly liable for consumer debt.

Creating & Negotiating a Structured Repayment Plan

Before you file for Chapter 13 bankruptcy, you will need to complete the paperwork associated with your petition and complete a credit counseling course. We will then file your case with the appropriate court.

In Chapter 13 cases, debtors offer a payment plan, which is like a contract, to creditors. In this plan, the debtor can offer to pay a portion of, or the entirety of, the debt over time. Once the plan is completed, the debtor will usually receive a discharge of the remaining unsecured debt.

Before the plan can proceed, the trustee will hold a creditor meeting. Issues regarding the plan are usually resolved during or shortly after the creditor meeting. If there are no plan objections, a confirmation order is submitted to the court after the creditor meeting.

If the trustee or a creditor objects to the plan, the court will hold a confirmation hearing. If the debtor is unable to modify the plan to satisfy the objection, the judge will determine whether the plan should proceed. If the judge does not approve the plan, the debtor may try to amend the plan, convert the case to Chapter 7, or let the case be dismissed.

Once the court confirms the plan, it is the debtor’s responsibility to ensure that the trustee receives plan payments. Upon completion of the plan, the court will discharge appropriate unsecured debts. If the debtor fails to make plan payments, however, the court may order the debtor’s employer to withhold plan payments from the debtor’s paycheck, sending the funds to the Chapter 13 trustee instead.

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Dedicated to Your Financial Recovery Our Promise to You

Compassionate Support
Our team understands the stress of financial hardship and is here to offer compassionate, judgment-free assistance to help you rebuild.
Efficient, Stress-Free Process
We handle the paperwork and legal complexities for you, making the path to financial relief as smooth and stress-free as possible.
Experienced Guidance You Can Trust
With over 40 years of helping clients resolve financial challenges, we provide knowledgeable support every step of the way.
Personalized Debt Solutions
We tailor bankruptcy strategies to meet your unique financial needs, guiding you toward a fresh start with confidence and clarity.

What Debts Are Discharged in Chapter 13?

You can advantageously structure your Chapter 13 payment plan due to rules concerning “priority debts.” Not all debts are treated equally in a Chapter 13 bankruptcy, as some receive a higher “priority” than others. Missed child and spousal support payments and recent tax debt frequently receive the highest priority, followed by secured debts, including mortgage arrears. These are the types of debts you cannot discharge, so it is beneficial to put the bulk of your monthly payments toward satisfying these obligations.
Unsecured debts generally receive the lowest priority and can be eliminated through discharge at the end of the Chapter 13 process. Any credit card debt, personal loans, medical debt, and unpaid utility bills that were not paid off through your plan can be wiped away after you make all plan payments and complete a financial management course.

Make the Most of This Opportunity

To make the most of your filing, you will need someone who understands how to strategically structure a payment plan and successfully navigate the bankruptcy code’s many complex rules. Our lawyer at the Law Office of Thomas B. Gorrill can work with you to develop a plan tailored to your unique financial circumstances. We make protecting your secured assets and settling other nondischargeable debts our top priorities.

If you have questions about filing for Chapter 13 bankruptcy in San Diego, contact us online or call (619) 815-2761 to get the answers you need to make an informed decision.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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Take the First Step Toward Financial Relief Contact Law Office of Thomas B. Gorrill Today!

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