Chapter 13 Bankruptcy Orange County
Filing for Chapter 13 Bankruptcy in Orange County is a powerful tool to get you out of debt and into a manageable plan without the stress from creditor calls and lawsuits. Chapter 13 bankruptcy can help you set up a repayment plan to your creditors that is reasonable and manageable.
Why File for Chapter 13 Bankruptcy in Orange County?
Chapter 13 Bankruptcy offers numerous advantages to filing for Chapter 7 bankruptcy or to repaying your debt outside of bankruptcy. Filing for Chapter 13 bankruptcy may be necessary where:
- Do Not Qualify to File for Chapter 7 -Chapter 13 bankruptcy is a great option where your income, household size, and allowable expenses do not qualify you to file for Chapter 7 bankruptcy. Chapter 13 bankruptcy offers you the ability to repay creditors through a 3 to 5 year plan. The percentage of the debt that you will have to repay in a Chapter 13 bankruptcy will be determined in many cases on your disposable income, the value of your assets and types of debts. Plans can range from 0% to 100% of unsecured creditors being paid back.
- Repayment of Mortgage Arrears – Chapter 13 bankruptcy gives you the ability to repay past due mortgage arrears through a plan. You can structure a plan to repay your mortgage arrears over a 5 year term. If you are facing foreclosure and need a repayment plan for your past due mortgage amounts, Chapter 13 is a great option.
- Repayment of Priority Taxes- Chapter 13 bankruptcy gives you the ability to repay priority taxes from the federal and state government through your plan. These creditors are paid first over your regular unsecured creditors.
- Repay Past Due Vehicle Loan – If you are facing a possible vehicle repossession, Chapter 13 bankruptcy can stop the repossession of your car. A Chapter 13 plan will allow you to repay the past due vehicle amounts through the plan.
What Happens When You File for Chapter 13 Bankruptcy in Orange County?
When you file for Chapter 13 Bankruptcy in Orange County your case will be assigned to the Bankruptcy Court in Santa Ana. The Orange County Bankruptcy Court is located at:
United States Bankruptcy Court
Central District of California
Ronald Reagan Federal Building and U.S. Courthouse
411 West Fourth Street
Santa Ana, CA 92701
Your case will be assigned to the Chapter 13 Trustee in Orange County and to an Orange County Bankruptcy Judge. You will need to attend a 341 Meeting of Creditors at the US Bankruptcy Court house. The hearing is held by the Chapter 13 Trustee, Amrane Cohen. At the hearing you will be asked about the information that you file in your bankruptcy petition and schedules.
What Do You Need to Provide to the Orange County Chapter 13 Trustee?
Prior to your 341 hearing you will need to provide the Chapter 13 Trustee with documents. These documents must be provided at least 7 days prior to your 341 hearing. The Chapter 13 Trustee for Orange County, Amrane Cohen’s contact information is:
Amrane Cohen, Chapter 13 Trustee
770 The City Dr S #8500
Orange, CA 92868
- 2 Years of Your Federal and State Tax Returns (Self Employed 4 Years)
- Proof of Income
- Pay Advices
- Self Employed- Provide
- (A) Projection of average monthly income and expenses for the next 12 months;
- (B) Evidence of appropriate business insurance;
- (C) Inventory of goods as well as a list of business furniture and equipment as of the date of the filing of the petition;
- (D) Monthly income and expense statements for at least six months preceding the date of the filing of the petition, or for such shorter time as the business has been in operation for less than the requisite six months, signed by the debtor under penalty of perjury, including a statement regarding incurred and unpaid expenses;
- (E) Tax returns for at least four years or since the start of the business, whichever period is shorter;
- (F) The trustee may request additional evidence, including but not limited to bank statements, cancelled checks, contracts, or any other evidence to support the ability to fund the proposed plan and the contention that all disposable income is being devoted to repaying creditors.
- Domestic Support Obligation- name, address and current telephone of who this is owed to. Needs to be provided within 14 days of filing your bankruptcy petition.
Additional Chapter 13 Trustee Requirements
Once you file your Chapter 13 Bankruptcy case you will need to do the following:
- Start Making Your Chapter 13 Plan Payments– your plan payments are due 30 days after the filing of your bankruptcy petition and are due on the same date. You can make your plan payments to the Chapter 13 Trustee by going to: E Pay Chapter 13 Trustee Orange County
- Start Making Your Post Petition Mortgage payments– You must make all post-petition mortgage payments on time and file a declaration with the court.
- Serve Your Chapter 13 Plan on Creditors and Trustee– You must serve your Chapter 13 Plan on all your creditors at least 28 days prior to your 341 Hearing.
For further information on submitting documents to the Chapter 13 Trustee in Orange County and other documents required you can go to: Chapter 13 Trustee Booklet
It is important that you seek legal assistance if you are considering filing for Chapter 13 bankruptcy. The majority of Chapter 13 bankruptcy cases that are filed without an attorney never get approved. There are a lot of notices and procedures that need to be filed in order to have your Chapter 13 bankruptcy case confirmed. Without knowing this information and following these procedures your case is likely to be dismissed. If you would like a free consultation to discuss Chapter 13 Bankruptcy contact us at:
Chapter 13 Bankruptcy Consultation – Orange County
For more information on filing for Bankruptcy you can visit us at: Orange County Bankruptcy Attorney