San Diego Bankruptcy Lawyer
Chapter 13 bankruptcy is designed to serve as a flexible vehicle for the repayment of part or all of the allowed claims of the San Diego debtor. In an effort to preserve this flexibility Chapter 13 bankruptcy established only a minimum number of mandatory plan provisions. Yet the Bankruptcy Code and Rules impose strict deadlines and limitations on debtors who opt for debt relief reorganization over liquidation. Our experienced San Diego bankruptcy lawyers will determine if Chapter 13 debt relief is right for you.
The Bankruptcy Code does, however, set forth certain provisions that must be included in every Chapter 13 bankruptcy plan, while also setting forth provisions that the San Diego debtor may elect to use at his or her option. San Diego bankruptcy lawyers agree, in order for a Chapter 13 bankruptcy plan to be confirmed the plan must comply with all provisions of that chapter, which includes the mandatory provisions of 11 U.S.C.A. § 1322(a). Thus, a document which does not contain the mandatory provisions under 11 U.S.C.A. § 1322(a) does not constitute a confirmable Chapter 13 debt relief plan.
For San Diego bankruptcy cases filed on or after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the mandatory duration of a Chapter 13 bankruptcy plan is based upon the current monthly income of the debtor and the debtor’s spouse combined.
In order to qualify for debt relief under Chapter 13 of the Bankruptcy Code, a San Diego debtor must be “an individual with regular income,” among other requirements. The term ‘individual with regular income’ means an individual whose income is sufficiently stable and regular to enable such individual to make payments under a bankruptcy plan under Chapter 13 of this title, other than a stockbroker or a commodity broker.
Chapter 13 bankruptcy can provide the financial freedom you need. At Thompson | Wedeking we have been helping people in San Diego and Southern California with their bankruptcies for over 35 years. As experienced San Diego bankruptcy lawyers we get you the fresh start you deserve. Call our office TODAY, at 619.615.0767, for your free bankruptcy consultation.