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Los Angeles Chapter 13 Bankruptcy Attorneys

Chapter 13 is designed for individuals with regular income who do not qualify for Chapter 7 Bankruptcy and/or homeowners whose mortgages are in default and who want to save their homes from foreclosure. Corporations and partnerships are not eligible to file Chapter 13. As of April 1, 2016 To qualify for chapter 13, Debtor’s secured debt cannot exceed $1,184,200.00  and unsecured debt cannot exceed $394,725.00. These limits are set forth in 11 U.S.C. Section 109 of the Bankruptcy Code. Depending on Debtor’s disposable monthly income and the amount of priority debt that must be paid in full within a 3 or 5 year repayment period, our office will prepare a Plan which will need to get approved by a Bankruptcy Judge at the Confirmation hearing. Examples of priority debt that must be paid in full within the repayment period are arrears on the residence, domestic support obligations, and certain tax debts. A typical chapter 13 case takes 3-4 months to get a plan confirmed. The length of the plan (3 or 5 years) depends on Debtor’s household size and previous six months income. The Debtor needs to mail the monthly plan payment to the Trustee’s PO Box for the duration of the plan. Upon successful completion of the plan, Debtor will receive the Order of Discharge of Debtor from the Bankruptcy Court.

We have confirmed hundreds of Chapter 13 plans, with payouts to unsecured creditors typically being between zero and ten cents on the dollar. Here is a sample of some of our representative Chapter 13 cases:

  1. In re Frank and Linda Williams (2:14-bk-19309-NB): We confirmed Debtors’ Chapter 13 plan for five years at $237/month for months 1-34, $336/month for months 35-60. Debtors are paying back 8% to eliminate $62,403.00 in unsecured non-priority debt.
  2. In re Georgina Banez (2:13-bk-25437-NB): We confirmed a 0% Chapter 13 plan for the Debtor, successfully argued against a 11 U.S.C. 109(e) “over the unsecured debt limit” Motion which would have disqualified Debtor from chapter 13, and wiped out a total of $574,923.49 in unsecured non-priority debt.  We helped save the Debtor’s home and enabled her to catch up on pre-petition arrearages of $77,640.22 owed to first mortgage holder over a five-year repayment period. We also successfully prosecuted a lien avoidance motion to remove a $70,074.11 junior mortgage from Debtor’s primary residence. Debtor is paying $9,347.41/month for month 1; $1,500/month for months 2 – 3; $2,145/month for months 3 – 60.
  3. In re Charles San Nicolas (2:13-bk-10764-SK): We confirmed a 0% Chapter 13 plan for the Debtor. We saved the Debtor’s home and enabled him to catch up on pre-petition arrearages of $36,517.35 owed to first mortgage holder and $2,641.20 in arrearages owed to second mortgage holder over a five-year period.  We wiped out an additional $61,187.89 of unsecured non-priority debt.  Debtor is paying $558/month for months 1-2; $570/month for month 3; $559/month for months 4-30; and $966/month for months 31-60.
  4. In re Gavorg and Sarpouei Mansouri (2:13-bk-15127-NB): We confirmed Debtors’ Chapter 13 plan for five years at $200/month and eliminated $138,833.19 in unsecured non-priority debt by paying back 5% to these creditors.
  5. In re Damian M. Wilson (1:13-bk-17845-AA): We confirmed Debtor’s Chapter 13 plan and enabled Debtor to catch up on $116,371.00 in arrearages in domestic support obligation and $111,734.00 in arrearages in tax obligation within a 5-year repayment period.
  6.   In re Arturo and Emily Garza (6:12-bk-30207-MH):  We confirmed Debtors’ Chapter 13 plan and successfully prosecuted a lien avoidance motion to remove a $70,584.78 junior mortgage from Debtors’ primary residence.  Debtors will discharge a total of $68,000.00 in unsecured non-priority debt by paying 1.7% back to these creditors within a 3-year repayment period at $265/month.
  7. In re Andy and Charlotte Ramos (2:12-bk-36342-VZ). We confirmed Debtors’ Chapter 13 plan and successfully prosecuted an adversary proceeding to remove a $104,970.00 junior mortgage from Debtors’ primary residence.  Debtors are in a five-year plan, paying $600/month for months 1-33; $900/month for months 34-48; $1,300/month for months 49-60.  We are discharging $126,171.00 in unsecured non-priority debt by paying 17%.
  8. In re Joe and Patricia Espitia (2:12-bk-17665-WB). We confirmed Debtors’ Chapter 13 plan and successfully prosecuted a lien avoidance motion to remove a $59,914.73 junior mortgage from Debtors’ primary residence. Debtors are in a five-year plan, paying $400/month for months 1-17; $650/month for months 18-36; $800/month for months 37-60.  We are discharging $113,046.00 in unsecured non-priority debt by paying 13%.
  9. In re Daniel Cancino (2:12-bk-28506-SK). We confirmed Debtor’s Chapter 13 plan, saved Debtor’s property from foreclosure and enabled Debtor to catch up on $22,780.00 in arrearages on his mortgage.  Debtor is in a five-year plan, paying $445/month for months 1-40; $688.00/month for months 41-60; 0% to unsecured non-priority creditors.
  10. In re Alan Hunter and Rosa Hunter (2:12-bk-14261-WB). We confirmed Debtors’ Chapter 13 plan and successfully prosecuted 2 lien avoidance motions to remove junior mortgages from Debtors’ primary residence ($72,723.29) and from their rental property ($100,102.75). Debtors are paying $430/month for 5 years; 6% to unsecured non-priority creditors.
  11. In re Edward Amey (2:10-bk-49963-SK). We successfully brought a motion to modify Debtor’s plan to reduce the monthly payments and brought a successful motion for authority to incur post-confirmation debt.
  12. In re Jose L. Campos and Maria I. Campos (2:10-bk-31887-NB). We confirmed Debtors’ Chapter 13 plan and successfully prosecuted a lien avoidance motion to remove a $109,155.50 junior mortgage from Debtors’ primary residence. Debtors are paying $336/month for 36 months; 1% to unsecured non-priority creditors.
  13. In re Gil and Felice Cargill (2:11-bk-48498-SK). We confirmed Debtors’ Chapter 13 plan, saved their property from foreclosure and enabled Debtors to catch up on $87,160.44 in arrearages on their mortgage. We are discharging $190,138.00 in unsecured non-priority debt by paying 10% to the debtors’ unsecured non-priority creditors.
  14. In re Thomas and Sophia Curry (2:10-bk-47460-VZ). We confirmed Debtors’ Chapter 13 plan, saved their property from foreclosure, and enabled them to catch up on the arrearages on their mortgage through a 5-year repayment plan. Debtors will discharge a total of $128,881.00 unsecured non-priority debt by paying 16% back to these creditors within a 5-year repayment period.
  15. In re Alonso and Leticia Delatorre (2:11-bk-57553-NB). We confirmed Debtors’ Chapter 13 plan, saved their home and eliminated the junior mortgage of $ 71,472.00 and unsecured debt of $119,220.00 by paying back 22% of $190,692.00 over a five year period.
  16. In re Jock and Michelle Ellis (2:10-bk-10159-SK). We confirmed Debtors’ Chapter 13 plan, saved their home, and eliminated the junior mortgage of $82,477.05 and unsecured debt of $267,895.49 by paying back 14% to unsecured creditors.
  17. In re Manuel and Deborah Gamboa (1:10-bk-23869-MT). We confirmed a 1% Chapter 13 plan for Debtors. We saved the debtors’ home and enabled them to catch up on pre-petition arrearages of $26,374 over a five year period.  We eliminated  a junior mortgage of $223,235.93 and wiped out an additional $115,140.00 of unsecured non-priority debt.
  18. In re Alan and Rosa Hunter (2:12-bk-14261-WB). We successfully confirmed a 6% Chapter 13 plan for Debtors, and successfully prosecuted 2 lien avoidance motions to remove the junior mortgages from Debtors’ primary residence in the amount of $72,723.29, and from their rental income property in the amount of $100,102.75.
  19. In re Edward Amey (2:10-bk-49963-SK). We successfully brought 2 motions to modify Debtor’s Chapter 13 plan to reduce the Debtor’s monthly payments, and also brought a successful motion for authority to incur post-confirmation debt.
  20. In re Jose L. Campos and Maria I. Campos (2:10-bk-31887-NB). We successfully confirmed Debtors’ ch 13 plan; successfully prosecuted lien avoidance motion to remove junior mortgage from Debtors’ primary residence in the amount of $ 109,155.00.  Debtors are paying $336/month for 36 months; 1% to unsecured non-priority creditors
  21. In re Gil and Felice Cargill (2:11-bk-48498-SK). We successfully confirmed Debtors’ ch 13 plan to save their property from foreclosure and enable Debtors to catch up on unpaid $87,160.44 mortgage; total unsecured non-priority debt to be discharged is $190,138.00 by paying 10% to these unsecured non-priority creditors.
  22. In re Thomas and Sophia Curry (2:10-bk-47460-VZ). We successfully confirmed Debtors’ ch 13 plan by helping Debtors retain their residence, avoid foreclosure and catch up on the unpaid pre-petition arrears through 5-year repayment plan. Debtors will discharge a total of unsecured non-priority debt of $128,881.00 by paying 16% back to these creditors within 5-year repayment period.
  23. In re Alonso and Leticia Delatorre (2:11-bk-57553-NB). We successfully confirmed Debtors’ Chapter 13 plan by helping the Debtors save their property and getting rid of the junior mortgage of $ 71,472.00 and unsecured debt of $119,220.00 by paying back only 22% of $190,692.00.
  24. In re Jock and Michelle Ellis (2:10-bk-10159-SK). We successfully confirmed Debtors’ Chapter 13 plan by assisting Debtors save their property, removing their junior lien in the amount of $82,477.05 and discharging non-priority unsecured claims of $267,895.49 by paying only 14% back to all these creditors.
  25. In re Manuel and Deborah Gamboa (1:10-bk-23869-MT). We successfully confirmed a 1% plan for Debtors. We were successful in helping the Debtors retain their property, catch up on pre-petition arrears of $26,374, avoid the junior mortgage of $223,235.93 against Debtors’ property, and getting rid of unsecured non-priority debt in the amount of $115,140.00.

Depending on the fair market value of the Property, we may be able to help the Debtor avoid the junior lienholder(s)’s lien by filing a “LAM Motion” also known as a lien stripping motion or an adversary complaint against the junior lienholder(s). We confirm Chapter 13 plans and have lien stripping motions granted many times every month of the year. We can help you save your home, catch up on the arrears, and get rid of your unsecured debt. Our clients enjoy dealing with our Chapter 13 department Supervising Associate Attorney Sofya Davtyan and her Paralegal Yathida Nipha and their cool boss, Michael Jay Berger. We care about our clients, and we know what we are doing.

 

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