Key in hand for car or house

Chapter 13 Mortgage & Car Payments

Posted by Hale Andrew Antico on

Chapter 13 Mortgage & Car Payments

Introduction: Understanding Chapter 13 & Home and Car Payments as Secured Debts

Filing for Chapter 13 bankruptcy is a big step; it’s a commitment to a repayment plan designed to get you back on track financially. It allows you to catch up on debts while keeping your important assets, secured debts like your home and car. But what happens to those payments during this process?

If you’re wondering about mortgage payments in Chapter 13 or how car loans in Chapter 13 are treated, you’re not alone. This guide will break down everything you need to know, offering clarity and peace of mind as you navigate this journey.

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Bankruptcy as a pirate ship on the sunrise and nautical theme

Debt Relief Ahoy: A Pirate’s Guide to Bankruptcy

Posted by Hale Andrew Antico on

Debt Relief Ahoy: A Pirate’s Guide to Bankruptcy

Navigatin’ the Choppy Waters of Debt: A Pirate’s Guide to Bankruptcy & Financial Freedom

Avast, ye landlubbers! Are ye findin’ yourself in over yer head with debt? Feelin’ like yer ship is takin’ on more water than ye can bail out? Meet Debt Relief Ahoy, your trusty map to navigating bankruptcy and finding financial freedom. Fear not, for we be here to help ye chart a course through these treacherous financial waters. So, grab yer spyglass and let’s take a look at what lies ahead!

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steps to filing bankruptcy in California

Essential 11 Steps to Filing Bankruptcy in California

Posted by Hale Andrew Antico on

Essential 11 Steps to Filing Bankruptcy in California

Step-by-Step Guide for filing bankruptcy in California, from a trusted Los Angeles bankruptcy lawyer

Here are 11 steps to filing bankruptcy in California. I’m Hale Andrew Antico, an established Los Angeles bankruptcy attorney, and I have helped thousands of people in Southern California get a fresh start by filing bankruptcy for the past twenty years. You really should at least meet with an attorney for a once-in-a-lifetime process with serious consequences. As an introduction to how all this works, here is a step-by-step guide to file bankruptcy in California in 2026, with 11 steps from filing to discharge.

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duplex apartment outhouses and homestead exemption house with knife

ADUs, Duplex, Apartments, Buildings and Calif Homestead Exemption

Posted by Hale Andrew Antico on

ADUs, Duplex, Apartments, Buildings and California Homestead Exemption

Does the California Homestead protect a separate dwelling unit with renters?

Is a duplex or apartment protected by the California homestead exemption? What about a separate building like an ADU on the same lot. Or a very large lot. It depends.

Accessory dwelling units (or ADUs) are becoming quite common in California. The question is whether the Calif homestead is broad enough to cover ADUs.  The California homestead exemption lets someone in a bankruptcy protect some or all of the equity in their residence. What are the limits of this though?

Starting with a common scenario: if someone rents out a room in their home, is the unpartitioned house now subject to limited protection? What if it becomes partitioned?

The issue only gets more complicated from there. Debtors can live in a duplex or apartment building they own, but how extensive (or limited) is the asset protection of the homestead exemption in California?  What about a home on a (very large) lot? Two dwellings or ADUs on a lot?  Let’s take a look.

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motor home california homestead mobilehome

Do Motor Homes Qualify as Mobile Homes and California Homestead

Posted by Hale Andrew Antico on

Do Motor Homes Qualify as Mobile Homes and California Homestead

Mobilehomes are protected residences, but if the home has a motor, it may have a different roll.

A recent Arizona case says a “motor home” isn’t a “mobile home” for the homestead exemption. You may ask yourself, why is a California bankruptcy lawyer writing about a Arizona court ruling on Arizona state law? And the answer is: because it lets us dive into a discussion of whether a motor home is a mobilehome here under the California homestead exemption.

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No interest is bad if you're on a date, and what unsecured debts are supposed to get

May They Have Your Interest? Unsecured Debts in Chapter 13

Posted by Hale Andrew Antico on

May They Have Your Interest? Unsecured Debts in Chapter 13

Credit card interest stops accruing after filing a Chapter 13 bankruptcy in most cases

In Chapter 13 bankruptcy, do you have to pay the general unsecured creditors — like credit cards and personal loans — interest on their debt?  The Bankruptcy Code specifically describes the treatment of claims with postpetition interest, so you would think unmatured interest in Chapter 13 would be settled.

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A home lien cramdown is not like a building collapse

9th Cir BAP: Yes, Cramdown a Lien Secured by Residence in 1322

Posted by Hale Andrew Antico on

9th Cir BAP: Yes, Cramdown a Lien Secured by Residence in 1322

It’s possible to bifurcate a secured debt on a home or HELOC in a Chapter 13 bankruptcy, but timing matters.

SUMMARY

In In re Lee and Chen, 2023 WL 7489928 (BAP 11/13/23), the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) held that § 1322(c)(2) is an exception to § 1322(b)(2), and that the Chapter 13 debtors were able to bifurcate and cramdown a secured debt on their residence that matures during the plan.

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California wildcard exemption amount for bankruptcy, showing jokers, which are often wild cards

New California Wildcard Exemption: the Ultimate Guide (2024)

Posted by Hale Andrew Antico on

New California Wildcard Exemption: the Ultimate Guide (2024)

What to know about California Wild Card Exemption and the Current Amount

California wildcard exemption is big for bankruptcy lawyers protecting their clients’ assets. Here’s the ultimate guide on the new updated California wild card exemption amount, and how to figure it.

California Exemptions, generally

In bankruptcy, each state has their own exemptions, or ways they allow debtors to protect some or all of their property. California has opted out of the federal exemptions, and has it’s own passed by our legislature. This is where the California wild card exemption fits in.

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types of bankruptcies chapter 7 vs 11 vs chapter 13

3 Types of Bankruptcy (2026 update)

Posted by Hale Andrew Antico on

Types of Bankruptcies: Chapter 7 vs 11 vs 13

There’s a lot of confusion about the types of bankruptcies. Firstly, some clarification on jargon. You’ll hear a lot about bankruptcy chapters. What’s a chapter? Think of it as a bankruptcy type, or a kind, or flavor. While there at least five types of bankruptcies, most people thinking about consumer personal bankruptcy will focus on just two or three bankruptcy types, or chapters, including Chapter 7 vs 11 vs 13.

The type name “chapter” just refers to the part of the Bankruptcy Code, which is Title 11 of the United States Code. For example, much of the bankruptcy laws that cover Chapter 7 bankruptcy starts at 11 U.S.C. 701, and following. The book I have on my desk literally has a section called Chapter 7 – Liquidation.

Listing the Types of Bankruptcies

Ok, so now that we have some basics out of the way, let’s take a look at the different bankruptcy types commonly used when people file bankruptcy.

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social security income bankruptcy keep out

Social Security Income and Bankruptcy: What You Need to Know

Posted by Hale Andrew Antico on

Social Security Income and Bankruptcy: What You Need to Know

Does Social Security income count in a bankruptcy?  It may make the difference between a Chapter 7 “straight” bankruptcy where you don’t pay the debt, and Chapter 13, where you do.

In Chapter 7 bankruptcy, income is used to determine whether someone qualifies in two different places. The first is the Form B22, or “means test.” The second is the actual budget. So let’s look at whether Social Security factors in those one at a time.

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