Chapter 13 Bankruptcy

Stockton Chapter 13 Bankruptcy Lawyers

Bankruptcy-Only Practice. Nine Guarantees. Over 30,000 Families Helped.

Chapter 13 bankruptcy is available to debtors who don’t qualify for a Chapter 7 or who have specific considerations that make this process more beneficial. At Law Office of John Kyle & Greg Smith, we’ve helped thousands of individuals and families in and around Stockton file for and obtain debt discharges through the Chapter 13 process. Our firm focuses exclusively on debt relief and bankruptcy, and that concentration has deepened our understanding of insolvency, mortgage arrearages, car loan arrearages, wage garnishment, and the full range of situations our clients face.

Why Stockton Residents Choose Our Chapter 13 Law Firm

When you’re dealing with debt overload, the firm you hire matters. We’ve spent more than 30 years in bankruptcy practice, and our attorneys bring over 65 years of combined legal experience to every case. That depth of practice, combined with a structure designed to remove financial risk from the process, is why clients throughout San Joaquin County call us when they need a Chapter 13 attorney who will stand behind the work.

What sets our firm apart from other Chapter 13 bankruptcy attorneys in Stockton:

Nine Guarantees, Including Four Money-Back Assurances: Our 9 Guarantee Program covers the free consultation, a seven-day unconditional refund, court acceptance of your filing, and discharge of qualifying credit card and medical bill debt. These are firm commitments, not marketing language.
Over 30,000 Families Helped: Our track record in bankruptcy law spans decades. We’ve guided more than 30,000 families to debt relief, and we bring that experience to every new client’s situation.
Exclusive Bankruptcy Focus: We don’t divide our attention across practice areas. Every attorney at our firm works in bankruptcy law, which means your case benefits from focused, current knowledge of Chapter 13 procedure and strategy.
Free In-Depth Consultation: Our consultations aren’t brief intake calls. We conduct a full analysis of your financial situation, a service valued at $150 to $300, at no cost to you.
Spanish-Speaking Attorneys Available: We have Spanish-speaking lawyers ready to speak with clients immediately, with no language barrier between you and the legal guidance you need.

Work with a Stockton Chapter 13 bankruptcy firm that has helped clients for over 30 years. Call (209) 243-7560 or contact us online for a free case evaluation.

What Is Chapter 13 Bankruptcy?

Also known as the “wage earner plan,” Chapter 13 requires you to make a monthly payment to the bankruptcy trustee for 36 to 60 months. The trustee distributes those payments to your creditors. How much you pay, and how each creditor is treated, depends on the types of debts you have, your income, and your living expenses. Chapter 13 is a good option for people whose income exceeds California’s median for a similarly sized household and who therefore don’t qualify to file under Chapter 7.

Why File for Chapter 13 in California?

Chapter 13 is well suited for people who want to keep collateral-backed assets like a home or vehicle while also addressing significant unsecured debt such as medical bills or credit card debt. Most clients file for specific reasons: they’re behind on a mortgage, behind on auto payments, owe recent taxes, or want to protect assets that would be liquidated in a Chapter 7. To keep those assets, you’ll continue making your regular mortgage or loan payments while catching up on mortgage arrearages through your monthly repayment plan under the bankruptcy court.

Trigger an Automatic Stay

Filing Chapter 13 activates the same “automatic stay” as a Chapter 7. The moment your petition is filed, creditor harassment stops: no more collection calls, letters, or lawsuits. Spreading past-due balances over the life of your plan, combined with that immediate protection, can reduce your monthly obligations and the daily pressure of unresolved debt.

Affordable Monthly Payments Until Debt Discharge

Your repayment amount is set through the means test, which calculates your monthly disposable income based on what you earn and your allowable living expenses. That figure produces an affordable fixed payment that can address arrearages, tax debts, and past-due child support over the plan period. Once your 3-to-5-year plan is complete, whatever unsecured debt remains may be discharged by the court.

Call a Stockton Chapter 13 Lawyer at (209) 243-7560

During a consultation, our Chapter 13 attorneys in Stockton can determine whether this option is the best fit for your situation, walk you through what to expect as a monthly payment, and explain how each of your debts would be treated in the plan. Chapter 13 is a complex process, and having a knowledgeable bankruptcy attorney in your corner makes a real difference at every step.

Does Chapter 13 Get Rid of Liens?

Chapter 13 may allow you to pursue lien stripping, which eliminates junior liens such as second or third mortgages or HELOCs from your real estate. Lien stripping removes “wholly unsecured” liens from your property while allowing you to keep the property. If you owe more on your first mortgage than your home is currently worth, your second mortgage may qualify for stripping.

For example: you own a home worth $150,000 with a $200,000 first mortgage and an $85,000 second mortgage. Because the first mortgage already exceeds the home’s value, the second mortgage may be treated as wholly unsecured and may be stripped through Chapter 13.

Related: What About My 2nd Mortgage and HELOC

Call (209) 243-7560 or contact us online to speak with a Stockton Chapter 13 bankruptcy attorney from Law Office of John Kyle & Greg Smith.

How to File Chapter 13 Bankruptcy in Stockton

Preparing a Chapter 13 filing involves a substantial amount of documentation. Our Stockton Chapter 13 attorneys prepare all documents submitted to the bankruptcy court, but we do need your cooperation throughout the process. A complete filing includes schedules listing your assets, debts, income, and expenses; a statement of recent financial history; the Chapter 13 plan itself; and the means test. The means test serves two purposes: it determines whether you qualify to file under Chapter 7, and if Chapter 13 applies, it establishes how much you must pay your unsecured creditors over the life of the plan. Providing accurate financial records at the outset can make the process faster and more predictable.

Every bankruptcy filer is also required to complete credit counseling before filing. It’s completed online and typically takes less than one hour. Our team can walk you through this requirement along with every other step.

Call Our Chapter 13 Lawyers in Stockton, CA

If you want to understand how Chapter 13 can work for your specific situation, contact Law Office of John Kyle & Greg Smith. Our Chapter 13 bankruptcy attorneys in Stockton can analyze your complete financial picture, explain exactly how your debts would be treated in a plan, and help you move forward with a debt relief strategy built around your goals. With over 65 years of combined legal experience and a nine-guarantee commitment that describes our service from the first consultation through discharge, we’re ready to help you get back on solid financial ground.

Call (209) 243-7560 or contact us online to speak with a Stockton Chapter 13 bankruptcy lawyer from Law Office of John Kyle & Greg Smith.

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“My experience was wonderful!”
“Helpful, know what they’re doing. Everything about my experience there was wonderful, I’d recommend this place to friends and family.”

- Former Client
“I can highly recommend them.”
“They really took the worry out of the process and I can highly recommend them for both bankruptcy and debt settlement.”

- Former Client
“Quick, professional, and pleasant.”
“Greg & Law Office, I want to thank you for the quick, professional, and pleasant way you handled my Chapter 7 proceedings.”

- Former Client
“Highly professional and knowledgeable.”
“John Kyle and his team are highly professional and knowledgeable, but beyond that, they are also friendly, hospitable, and help you to get through the process.”

- Former Client

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