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Chapter 13 bankruptcy is often referred to as "reorganization" bankruptcy, and is optimal for an individual or married couple with regular income who needs to reorganize debts. The most common scenario we help with is with people who are behind on a mortgage, but want to keep their home. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay all or part of their debts in installments over a period of time and to discharge some debts that are not paid, usually using future income to the bankruptcy court trustee for payment to creditors. We often file creative plans for individuals and married couples to defer payments or minimize payments depending on circumstances and goals.
Chapter 13 bankruptcy allows our clients, in many situations, to:
- - Stop foreclosure and reorganize mortgage arrears
- - Strip second/junior mortgages and judgment liens
- - Reorganize debt against vehicles, lower payments, and keep vehicles
- - Resolve tax debts
- - Obtain time to sell or refinance real property
After you make all the payments under your plan, many of your debts are discharged. The debts that may not be discharged include:
- Domestic support obligations
- Most student loans
- Certain taxes
- Debts for fraud or theft
- Debts for fraud or defalcation while acting in a fiduciary capacity
- Most criminal fines and restitution obligations
- Certain debts that are not listed in your bankruptcy papers
- Certain debts for acts that caused death or personal injury
- Certain long-term secured debts
CHAPTER 13 BANKRUPTCY COULD HELP YOU
California State Bar Certified Bankruptcy Specialist
Bankruptcy, Loan Modifications, And Foreclosure Defense
Our managing attorney Andrew A. Moher entered private practice and founded the Moher Law Group in 2010 after extensive experience in corporate law and international finance. Mr. Moher was raised in Chicago, and has lived and practiced throughout the country, in New York City, Washington D.C., San Francisco, and San Diego. Through the years, we have been privileged to work with numerous esteemed attorneys and legal professionals, both employed with the firm and working collectively with excellent attorneys for our clients mutual benefit.
Mr. Moher is licensed in good standing with the California bar and New York bar, and is licensed in all federal districts in the State of California. Mr. Moher is a member of the American Bar Association, Lawyers of Distinction, and is a Certified Specialist in Bankruptcy Law with the State Bar of California. Mr. Moher is also a licensed real estate broker, and often leads seminars on real estate law with the San Diego Association of Realtors and other professional groups. Mr. Moher takes a personalized approach to legal cases, and explores a full range of solutions in concert with his clients to ensure the most efficient and cost-effective solutions are achieved.
Outside of his practice, Mr. Moher is an avid musician and travel enthusiast, and enjoys photography, sports, cooking, and spending time with family and friends.
Licensed Attorney in all State and Federal Courts of California in Good Standing (Lic #257605)
Helped over 500 families save their homes since 2010!
Licensed CA Real Estate Broker in Good Standing
(DRE #01905308)