Kenneth H.J. Henjum Law Offices

Family and Bankruptcy Law

Phone

(805) 654-7032

A Chapter 13 is also known as a “reorganization chapter.” It is similar to a Chapter 11, that a corporations would file, but a Chapter 13 Bankruptcy protects individuals. The idea is to keep the debtor in business (that is, making money) and extend the repayment of the debt to an time and amount that allows the debtor to survive. The Court closely reviews Chapter 13 cases, and determines both the amount of payment and the amount repaid. I would highly recommend an attorney to handle this type of case.

STRIP THE SECOND MORTGAGE

If you file a Chapter 13 case, under special circumstances, allows a homeowner to remove the second mortgage from their property. Our initial review includes an appraisal of the property and the value of the mortgages on the house. The house value must appraise under the amount of the first mortgage. If so, we may be able to permanently remove the second mortgage. The process is complicated and requires several court appearances so a highly trained attorney is recommended for such a task.

Keep your house, Keep your car, keep your paycheck. Call us to discuss your situation.

CHAPTER 13

A Chapter 13 allows you to repay the money due to your mortgage holder over time. The Bank may want the money today, but if you qualify, you can pay it back over the next 60 months. The extended payment depends on several circumstances, so please contact us to discuss this option.

SURVIVE A JOB/INCOME LOSS

A Chapter 13 Plan allows you to keep your home, car, and other property, but you must continue to make the monthly payments. A typical situation arises when you lose income for a period of time and the bills stack up. The plan must be feasible, so contact our office to talk about it.

LOCAL ATTORNEY WORKS BEST

Bankruptcy rules vary from court to court, even though the laws for Bankruptcy are Federal and should be uniform across the country. When disputes arise about the Bankruptcy laws, Bankruptcy courts make the decisions – and they don’t all decide the issues in the same way. The result is that Bankruptcy law and practice vary significantly from court to court and from region to region.

That’s why it is important to find an attorney who is very familiar with how the Bankruptcy courts operate in your particular area. If you live or work in Ventura County or Los Angeles County, or Santa Barbara County and have questions about Chapter 13 Bankruptcy, please call your local attorney, Kenneth Henjum.

We will schedule a FREE initial consultation with no obligation. Your free consultation with an attorney takes about an hour.

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