Reviewed program guide
Chapter 13 Bankruptcy Consultation and Review
An attorney consultation for California residents weighing a Chapter 13 repayment plan, including the point most people are never told: finishing the plan does not erase student loans.
Chapter 13 is a federal bankruptcy case built around a repayment plan. Instead of surrendering property, you commit future income to a court-supervised plan that runs three or five years, and a trustee distributes the payments to creditors. It can stop collection, catch up mortgage or vehicle arrears, and put one payment in front of many. What it does not do is erase student debt: the discharge entered when a Chapter 13 plan is completed carries an exception for student loans, so those balances survive the plan. Wiping out the loan itself takes a separate lawsuit brought inside the bankruptcy case. This offering is a consultation and review, in which a California attorney examines your situation and explains what Chapter 13 would and would not accomplish for you.
Reading this guide does not decide eligibility. The free screening checks your answers against reviewed routing criteria.
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We are preparing a reviewed, captioned explainer for this program. The written guide below is available now.
At a glance
Overview
Chapter 13 is a federal bankruptcy case built around a repayment plan. Instead of surrendering property, you commit future income to a court-supervised plan that runs three or five years, and a trustee distributes the payments to creditors. It can stop collection, catch up mortgage or vehicle arrears, and put one payment in front of many. What it does not do is erase student debt: the discharge entered when a Chapter 13 plan is completed carries an exception for student loans, so those balances survive the plan. Wiping out the loan itself takes a separate lawsuit brought inside the bankruptcy case. This offering is a consultation and review, in which a California attorney examines your situation and explains what Chapter 13 would and would not accomplish for you.
Who it may help
This review is for California residents with steady income who are weighing bankruptcy while carrying student debt, especially if you are behind on a house or a car, facing wage garnishment or a collection lawsuit, or holding property you want to keep. It also fits borrowers who were told that Chapter 13 takes care of student loans and want a straight answer before filing anything. Chapter 13 has a ceiling on how much debt you can bring into it, with separate limits for secured and unsecured debt, and those figures are adjusted periodically. A large student-loan balance counts on the unsecured side and can put the chapter out of reach, so an attorney checks the current published limits against your actual numbers. Screening can organize preliminary facts and records, but screening cannot determine qualification or select a final path.
How it works
You begin with an intake that gathers your debts, income, expenses, property, and loan history. A California attorney then reviews the file with you: whether you fit within the debt limits, whether a workable plan payment exists, how secured debts and arrears would be treated, and what happens to your student loans while a plan runs. You leave with a written summary of what was reviewed and what your realistic options are. Filing is a separate step. A bankruptcy case is filed in federal court on the official forms, and every California district requires its own local plan form instead of the national one, so filing calls for its own written engagement, with this firm or with counsel you choose. Administrative support can help organize forms, records, and communications; it does not replace the decision-maker's review.
Documents and next steps
Bring what you already have. Recent pay stubs, and specifically the ones covering the two months before a filing; several years of tax returns; a current statement for every debt, including each student-loan servicer; mortgage and vehicle statements; bank and retirement account statements; deeds or titles; and any court papers, garnishment notices, or wage assignments. Bring the loan detail from your federal student aid account too, since which loans you hold and who holds them changes the analysis. If you have already completed a credit-counseling briefing, bring that certificate; the debtor-education course comes at the end of a case, and its certificate now comes from the approved provider rather than an old court form. The next step is to compare the records with the cited official source and any current instructions issued by the responsible agency, court, creditor, or other decision-maker.
Read this carefully
Important considerations
Chapter 13 is demanding and its deadlines are unforgiving. The plan is due with the petition or within days of it, plan payments begin roughly a month after filing and before the judge approves anything, and tax returns for the past several years must be on file with the taxing authorities before the first meeting of creditors, because missing that one can get the case dismissed or converted. Court filing fees and the required credit-counseling and debtor-education courses are separate costs, so ask for the current figures rather than relying on a number you read somewhere. And the central point bears repeating: under 11 U.S.C. § 1328(a)(2), student loans survive a completed plan. Attorney judgment is separate from administrative help and is required for individualized legal strategy or advice.
Common questions
Frequently asked questions
These answers provide general information. Your facts and records determine what may apply.
Does finishing a Chapter 13 plan wipe out my student loans?
No. The discharge entered when a plan is completed excepts student-loan debt, and the hardship discharge available to someone who cannot finish a plan carries the same exception. The loans come out the other side. The only route to canceling the loan itself in bankruptcy is a separate lawsuit, called an adversary proceeding, asking the judge to find that repayment would impose an undue hardship. That lawsuit can be brought inside a Chapter 13 case. Whether it fits your facts, and when to bring it, are attorney judgments made on your specific record.
Can my student-loan balance make me ineligible for Chapter 13?
Yes, it can. The Bankruptcy Code caps the debt an individual may carry into Chapter 13, with separate ceilings for secured and unsecured debt, and those amounts are adjusted periodically. Student loans count on the unsecured side, so a large balance can push a borrower past the ceiling and out of the chapter entirely. Because the figures move, we compare the currently published limits against your real balances rather than working from memory. If you are over the line, the conversation turns to other paths, which is exactly the kind of thing this review is for.
Do I need a lawyer to file Chapter 13?
No. The bankruptcy courts publish every official form free of charge, and individuals are allowed to file on their own. That said, Chapter 13 is procedurally heavy: a plan has to be confirmed, deadlines run from the first day, payments start before confirmation, and a misstep can end the case. What this firm offers is an attorney's review and, under a separate written agreement, representation. It is a service you decide to buy, not a requirement the court imposes on you.
Official sources
- Administrative Office of the U.S. Courts (opens in a new window)
Retrieved Jul 24, 2026
Important disclosure
This page provides general information, not a qualification or legal determination. Screening and services cannot guarantee approval, forgiveness, discharge, settlement, timing, or any particular result. The responsible agency, court, creditor, or other decision-maker applies the controlling requirements.
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