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Chapter 13 Bankruptcy

The experienced Chapter 13 bankruptcy lawyers at the Law Offices of Kevin T. Simon have helped thousands of clients in Los Angeles, the San Fernando Valley, and Ventura. Our skilled team has filed more than 7,500 bankruptcy cases, and we have an impressive discharge rate of more than 70%—five times the national average. We efficiently handle each bankruptcy case to keep our services affordable to our clients. If you are at risk of losing your home, car, or you feel like you are drowning in debt, contact our skilled Chapter 13 bankruptcy attorneys in Los Angeles for a free consultation. We can help you regain financial control and peace of mind.


What is Chapter 13 bankruptcy?

  • Chapter 13 bankruptcy allows people to pay off their debts over a period of 3 to 5 years.
  • Chapter 13 bankruptcy allows you to get a handle on both your secured and unsecured debts.

Secured debt refers to debt that is backed by collateral (such as a home or car).

Unsecured debt refers to debt that is not backed by collateral (examples include medical bills, credit card debt, and personal loans). Chapter 13 bankruptcy allows you to continue making payments on secured debts or surrender certain property. At the end of your plan, the unpaid portion of your unsecured debts (such as credit card debt, medical bills, and personal loans) will be discharged.

Chapter 13 Questions

When you file Chapter 13 bankruptcy, you are protected by a type of injunction called an “automatic stay.” This shields you from repossession, foreclosure, wage garnishment, and collection actions by creditors.

You will not lose your car or home in a Chapter 13 bankruptcy, as long as you make the required regular payments.

At the end of Chapter 13 bankruptcy, your personal liability for unsecured debts will be discharged. This means a creditor can’t sue you for the unpaid portion of the debt.

Which debts cannot be discharged in Chapter 13 bankruptcy?

Debts that cannot be discharged in a Chapter 13 bankruptcy include:

  • Student loan debt (except in rare cases)
  • Child support or alimony
  • Certain tax liabilities
  • Debts that arise from death or personal injury you caused while driving intoxicated
  • Debts that you failed to list in your bankruptcy filing

Your Chapter 13 plan payment is based on your income, not how much you owe.

Here’s how it works: A plan is proposed to the chapter 13 trustee after the income and expenses are calculated. You will make payments to the bankruptcy trustee each month, and the trustee will distribute the money to your creditors based on the proposed plan.

You will not have direct contact with creditors under Chapter 13 protection.

When you file Chapter 13 bankruptcy, you are protected by a type of injunction called an “automatic stay.” This shields you from repossession, foreclosure, wage garnishment, and collection actions by creditors.

You will not lose your car or home in a Chapter 13 bankruptcy, as long as you make the required regular payments.

At the end of Chapter 13 bankruptcy, your personal liability for unsecured debts will be discharged. This means a creditor can’t sue you for the unpaid portion of the debt.

Our fees range from $500 to $1,500 upfront depending on your financial situation.

You are eligible to file for Chapter 13 bankruptcy if your total secured and unsecured debt ceiling is below $2,750,000.

Chapter 13 Bankruptcy – Chapter 13 bankruptcy helps you protect your assets while gradually repaying what you owe. It’s known as a “wage earner’s” plan.

Chapter 13 bankruptcy can stop wage garnishments or levies and help keep your property, such as your car and house, but certain types of unsecured debt (such as tax liabilities, child support, and student loans) cannot be discharged.

Chapter 13 is a good option if you have a stable income and want to keep property that’s not protected by an exemption. It also may be the best option if you’re behind on your mortgage and want to catch up or you have debts that can’t be discharged (such as alimony, child support, or student loans).

Chapter 7 Bankruptcy – In most cases, Chapter 7 bankruptcy allows you to keep all of your assets, including your car and house. Creditors must stop garnishments and other collection activities.

However, certain types of unsecured debt (such as tax liabilities, child support, and student loans) cannot be discharged in Chapter 7 bankruptcy.

Chapter 7 may be the better option if you have more debt than you’ll ever be able to pay back given your current income, Chapter 7 may be a better option.

Chapter 13 bankruptcy can help get creditors off your back and allow you to keep your home, car, and other property.

Chapter 13 may be right for you if:

  • You have fallen behind on your mortgage payments or your house is in foreclosure
  • You are behind on your car payments, or your car has been repossessed
  • You are having a hard time keeping up with your bills because your wages are being garnished
  • You have a large amount of credit card debt or medical debt
  • You have back taxes and need time to repay them
  • You do not qualify for Chapter 7 but still need debt relief

The monthly repayment amount depends on the amount of money you owe and your current income. We prepare your schedules and work with the Chapter 13 trustee to determine a repayment plan. This is the amount you will pay every month.

Under current bankruptcy law, you are eligible to file for Chapter 13 if you owe no more than $2,750,000 in total debt (secured and unsecured combined). When filing for bankruptcy, any Chapter 13 repayment plan must be approved by a judge, Chapter 13 trustee, and your creditors. That is why it’s important to have an experienced attorney on your side. Come to us for an affordable bankruptcy lawyer in the San Fernando Valley and L.A. who will fight for you. Contact the Law Offices of Kevin T. Simon, APC to schedule an appointment with an affordable Los Angeles Chapter 13 lawyer. Debt relief is just a phone call away. Remember, your initial consultation is free.

Is Chapter 13 Bankruptcy Right for Me?

Chapter 13 bankruptcy can help get creditors off your back and allow you to keep your home, car, and other property.

Chapter 13 may be right for you if:

  • You have fallen behind on your mortgage payments or your house is in foreclosure
  • You are behind on your car payments, or your car has been repossessed
  • You are having a hard time keeping up with your bills because your wages are being garnished
  • You have a large amount of credit card debt or medical debt
  • You have back taxes and need time to repay them
  • You do not qualify for Chapter 7 but still need debt relief

Why Choose the Law Firm of Kevin T. Simon?

When it comes to searching for bankruptcy lawyers in the Los Angeles area, you want to find attorneys who are well versed at both Chapter 7 and Chapter 13 bankruptcy cases, and can guide you toward the right option for your financial situation. You also want to find a law office that charges reasonable Chapter 7 bankruptcy attorney fees in California. The San Fernando Valley bankruptcy attorneys at the Law Offices of Kevin T. Simon, APC provide solutions at reasonable prices.

A bankruptcy discharge is a powerful and complete elimination of most unsecured debts. This debt does not need to be repaid in the future. Ask our affordable Chapter 7 bankruptcy lawyers whether this is the best option for you. Based in Woodland Hills, California, we represent clients in Los Angeles County, the San Fernando Valley, Santa Clarita County, Antelope Valley, Santa Barbara County, and Ventura County.

Call (818) 783-1674 or contact us online to schedule a free consultation with Kevin Simon, an experienced Chapter 7 bankruptcy lawyer in Los Angeles.

Attorney Kevin Simon