1611 The Alameda, San Jose, CA 95126

Chapter 13

Chapter 13 is a mini Chapter 11 for people who have less than $1,080,000.00 in secured debt and less than $360,000.00 in unsecured debts. Unlike a Chapter 11, creditors don’t get to vote on a plan and only get to object on very limited grounds. Form plans and pre-approved provisions make it easy for experienced attorneys like our firm to:

Discharge Debts & Judgments, stop utility shut offs, protect co-signers, strip off junior mortgages and judgement liens and …..

• Discharge old Taxes
• Remove Liens, Reduce payments on car loans
• Stop Foreclosure
• Stop Repossessions
• Stop Garnishments
• Stop Lawsuits and Collections
• Stop Wage Attachments
• Stop Harassment of Creditors
• Cancel Unwanted Contracts
• Reject Unwanted Leases

What about this new bankruptcy law?
The new bankruptcy law that took effect in October 2005 has many new requirements and puts a lot of burdens on both the debtor and the debtor’s attorney. However. we have found ways to make all of this as efficient and easy as possible. For example. the required courses for credit counseling and personal financial management are done at our office and at your convenience.

After helping over a thousand clients every year to file under the new law, our clients keep everything they own, pay their unsecured creditors like credit cards, personal loans little or nothing, and get a fresh start financially.
Many clients hove said that it sounded too good to be true…then they thank us for getting them that fresh start.
Filing Chapter 13

A person or sole proprietorship filing Chapter 13 needs the guidance of experienced Chapter 13 attorneys. More than ever Chapter 13 is complicated and many attorneys who handle bankruptcy cases do not do Chapter 13.

What are the benefits of Chapter 13?
The minute the petition is filed all creditor action must cease. Any action taken after that time is void. Foreclosures. garnishments. lawsuits. repossessions and all other creditor actions against you must stop. This immediate stop of all proceedings against you and your assets gives you time to decide what to keep and what to give up. You have up to five years to make up the overdue payments. Chapter 13 also gives you the right to reject all those car leases. timeshares. and other contracts dragging you down.

What are the Attorneys fees?
Attorneys Fees are regulated by the court and all your attorneys fees other than the initial retainer are paid through the Chapter 13 plan. We often charge less than the amount that is allowable under the Court guideline fee schedules.

Keep it all can be the plan
In a Chapter 13, the Debtor can keep all property. All creditors get what’s coming to them in the payments of the Chapter 13 Plan. (Haven’t you wanted to give it to them!?!)

Dump the Debt!
Old income taxes. lawsuits. liens. garnishments. attachments. judgements against you weighing heavy on your mind? Well cheer up. Chapter 13 let’s you pay nothing to all your dischargeable unsecured debts and then catch up on secured and non-dischargeable debts over up to 5 years by monthly payments per the court approved plan.

One Monthly Payment
The Chapter 13 plan payment is budgeted after deducting all your normal and reasonable living expenses. This is a payment that you can afford . We calculate it with you. We propose the plan with you and we push it through until the Judge in your case approves it. That is one reason its important to have an attorney that knows what needs to be done and then gets it done!

Your plan payment can start low and then be higher in the later years of the plan. You can pay that car payment through the plan. and lower the payments and extend your car loan. Often you can keep cars. etc and pay only what the asset is worth. Chapter 13 is the best kept secret of Debtor’s rights in the country. We only represent debtors – honest . but unfortunate people in a financial crisis. Bad things happen to good people and we want to help you navigate those treacherous times.

Get rid of junior mortgages when the property is worth less than the balance owed on the first mortgage.
The lien stripping attorneys at the Law Offices of David A. Boone are ready to strip off your second mortgage and your Home Equity Line of Credit. David A. Boone was the Debtor’s attorney in the case that started the lien stripping revolution. In re Lam in the 9th Circuit Court of Appeals. Because the creditors had one in the trial before the bankruptcy court, they did not file an opposing brief before the Bankruptcy Appellate Panel. When Boone won the appeal, they filed an appeal to the 9th Circuit Court of Appeals. The matter was briefed and argued before the Ninth Circuit. At the conclusion of the oral argument, the Court of Appeals Judges were very angry at the Creditor attorneys for not participating in the prior appeal. They stated they were going to let the decision stand. The Court later affirmed and validated the Lam decision in their decision of In re Zimmer.

The lien stripping attorneys at the Law Offices of David A. Boone have stripped well over 700 liens off of their clients homes and have been victorious and successful in every contested trial where creditors opposed the lien strip action. The lien stripping attorneys at the Law Offices of David A. Boone have had unmatched success in stripping liens and stripping mortgages off clients properties.

What about my situation?
This is not legal advice about your specific situation. We need to discuss your situation and your objectives and your rights and duties in a Chapter 13 in detail. But don’t worry that you are trapped in a plan. Even after its confirmed it can be modified to change the original plan. For example, you can modify a plan to reject a car you initially were planning to keep. Different options and strategies need to be evaluated with you as they apply to your specific situation. The free initial consultation makes this an offer you shouldn’t refuse.

Contact us today to hire experienced California Chapter 13 bankruptcy attorney.