Chapter 13 Bankruptcy
If you have fallen behind on a mortgage or car loan but have steady income, Chapter 13 bankruptcy may let you keep the property and repay what you owe over time. A bankruptcy lawyer can build a repayment plan that fits your budget and stops foreclosure while the plan runs.
Stop Foreclosure
Repay Arrears Over Time
Keep Your Property
Free Case Evaluation
HOW CHAPTER 13 BANKRUPTCY WORKS
Chapter 13 bankruptcy is a reorganisation case. Instead of liquidating assets, you commit your disposable income to a court-approved repayment plan that typically runs three or five years.
The plan lets you cure arrears on secured debts. Missed mortgage or vehicle payments are spread across the life of the plan while you keep making the regular monthly payment going forward.
Unsecured creditors are paid whatever your budget supports — sometimes a fraction of the balance. Qualifying unsecured debt remaining at the end of the plan is discharged.
Chapter 13 also suits filers who do not pass the means test, who have non-exempt equity they want to protect, or who need to repay priority debt such as recent taxes over time.
Curing Mortgage Arrears
Chapter 13 stops a foreclosure sale and lets you repay the missed payments through the plan while staying in the home.
The Repayment Plan
A three or five year plan set by your income and household size. The trustee distributes one monthly payment to your creditors.
Lien Stripping
Where a second mortgage or HELOC is wholly unsecured by the home's value, Chapter 13 may allow that lien to be stripped and treated as unsecured debt.
Priority and Tax Debt
Recent income taxes and support arrears that cannot be discharged can be repaid in full through the plan without further collection pressure.
THE CHAPTER 13 PROCESS
1
Consultation
Review income, secured debts and arrears to establish whether a Chapter 13 plan is workable and affordable.
2
PLAN DESIGN
Build the repayment plan — plan length, monthly payment, treatment of the mortgage, vehicles, taxes and unsecured debt.
3
FILING & CONFIRMATION
File the case to trigger the automatic stay, begin plan payments, attend the 341 meeting and obtain plan confirmation.
4
COMPLETION & DISCHARGE
Complete the plan payments, finish the debtor education course, and receive a discharge of remaining qualifying debt.
Why Clients Choose Our Firm
- Free initial consultation
- Experience building confirmable Chapter 13 repayment plans
- Foreclosure and arrears handled with urgency
- Realistic monthly payments based on your actual budget
- Support through the full length of the plan
CHAPTER 13 BANKRUPTCY FAQ
Meet Your Debt Relief Attorney
Melanie Travare
Principal Attorney & Founder
Melanie Tavare represents homeowners and wage earners across the East Bay in Chapter 13 bankruptcy. She designs repayment plans that stop foreclosure, cure arrears and protect property, then supports clients through to plan completion.
LEGAL AND FINANCIAL RESOURCES
U.S. Bankruptcy Court — Chapter 13 Basics
https://www.uscourts.gov/services-forms/bankruptcy
U.S. Trustee Program — Means Testing
https://www.justice.gov/ust/means-testing
Consumer Financial Protection Bureau (CFPB) — Mortgages
https://www.consumerfinance.gov/consumer-tools/mortgages/
National Foundation for Credit Counseling (NFCC)
https://www.nfcc.org/