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What is the difference between a Chapter 7 and Chapter 13 bankruptcy?

A chapter 7 bankruptcy is your typical “liquidation” bankruptcy. Your non-exempt assets are sold and used to pay your creditors. You get to keep your qualifying exempt assets.  Once your discharge is complete, your eligible debt is gone. 

A chapter 13 bankruptcy is a “reorganization plan”.  This means that you will work with a “Bankruptcy Trustee” to confirm a repayment plan to the creditors. This repayment plan restructures your payments to creditors in affordable monthly payments and allows you to pay your debt back over the length of your plan, typically 3-5 years.  This type of bankruptcy allows a debtor to catch up on missed mortgage payments “arrears” and pay them through the plan.

How do I know which Chapter to file for bankruptcy?

Most debtors are eligible to file a Chapter 13 bankruptcy. Debtors must qualify through the “means test” to be eligible to file a Chapter 7 bankruptcy. The means test weighs among other factors your income against your state’s median family income, your type of debt, and your amount of debt.  Call us today to discuss which option is right for you.

How soon will the creditor calls stop?

Once your bankruptcy petition has been filed, an “automatic stay” arises at once by operation of law.  This prevents creditors from taking certain actions to collect the debt, including most phone calls.  However, there are exceptions to the automatic stay, so you should consult your bankruptcy attorney if you are being contacted by creditors after filing.

How much is this going to cost me?

We offer affordable payment plans ranging from 3-10 months. We understand you are under a lot of pressure so we will work with you to set up a payment plan that’s feasible for you. 

How long is this going to take?

It depends on what Chapter bankruptcy you file and any issues that arise during your case. A Chapter 7 case can typically be completed within 4-6 months. A Chapter 13 case is longer due to the repayment period and can last from 3-5 years.


Are there any alternatives to bankruptcy?

Yes. Depending on your financial situation, there may be options available to you other than bankruptcy. Debt settlement is a process in which you negotiate with each creditor to lower the amounts owed. Speak with us today to discuss your options!


The following safety measures are in place at all in person meetings:


Frequent hand washing, hand sanitizer, face masks, social distancing, frequent cleanings, reduced capacity.


If you have concerns with COVID-19, please contact us at (951) 267-2685. We are happy to accommodate you. 


Please provide your contact information below to have your case reviewed. An attorney will contact you directly to schedule an appointment. 

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