San Diego Chapter 13 Bankruptcy Attorneys: Keep Your Home, Restructure Your Debt

Free consultation. Call (619) 230-0330 or request a free bankruptcy evaluation to speak with a San Diego Chapter 13 bankruptcy lawyer today.

Chapter 13 bankruptcy in San Diego lets individuals and families resolve debt without surrendering their assets. Often called a wage earner’s plan, it lets qualified filers repay a structured portion of their debts over three to five years while keeping their home, car, and other property. Our Chapter 13 bankruptcy lawyers in San Diego design court-approved repayment plans that halt foreclosure, stop creditor harassment, and provide a clear path to stability. There are no upfront costs, and your consultation is free.

Chapter 13 is a reorganization bankruptcy for people with regular income. Instead of liquidating property, you propose a three-to-five-year plan to catch up on past-due debts while keeping what you own. The moment you file, the automatic stay under Bankruptcy Code section 362 stops foreclosure, wage garnishments, collection calls, and other creditor actions, and it stays in force through the plan. This makes Chapter 13 especially valuable for homeowners facing foreclosure, filers with significant equity to protect, and those whose income is too high to qualify for Chapter 7.

Chapter 13 is a good fit if you have regular income and your debts fall within the eligibility limits of Bankruptcy Code section 109(e). You may be a strong candidate if you:

• Are behind on your mortgage and want to stop a foreclosure
• Earn above the Chapter 7 means-test threshold
• Have non-exempt assets you want to protect from liquidation
• Have co-signers you want to shield from creditor action
• Received a Chapter 7 discharge within the past eight years and cannot refile Chapter 7 yet
• Have arrears or certain taxes that can be repaid through a plan

The debt limits adjust every three years. For cases filed between April 1, 2025 and March 31, 2028, you must have less than $1,580,125 in secured debt and less than $526,700 in noncontingent, liquidated unsecured debt.

You propose a plan showing how you will repay creditors over the plan period. Priority and secured debts (mortgage arrears, car payments, and certain taxes) are generally paid in full, while unsecured debts like credit cards and medical bills may be paid only partly, or not at all, depending on your disposable income. Plan length is set by income: three years if your income is below the California median, up to five years if it is above. When you finish the plan, remaining eligible unsecured debts are discharged under Bankruptcy Code section 1328.

• Cure mortgage arrears and stop foreclosure. Past-due mortgage payments are spread across the plan while you stay current going forward.
• Car loan cramdown. For a vehicle loan more than 910 days old, the balance can sometimes be reduced to the car’s current value, lowering your payment.
• Lien stripping. If your home is worth less than the balance on the first mortgage, a wholly unsecured second mortgage or HELOC can sometimes be removed.
• Co-debtor stay. Chapter 13 can protect co-signers on consumer debts from collection during your plan, a protection Chapter 7 does not provide.

• An immediate automatic stay that stops foreclosure, garnishments, and collection calls
• A structured way to cure mortgage and car arrears while keeping your property
• One affordable monthly payment to the trustee instead of juggling many creditors
• Protection for co-signers on consumer debts during your plan
• A discharge of remaining eligible unsecured debt when you complete the plan
• A realistic path to rebuild credit while you repay on your own terms

For many San Diego families, the choice is not between paying and not paying, but between losing a home to foreclosure and keeping it through a court-protected plan. Chapter 13 gives you the breathing room to catch up on your own schedule while a federal court order holds creditors back. Because the plan is tailored to your income and goals, no two look exactly alike, and we build yours around what you most want to protect.

Maxwell C. Agha founded Banker’s Hill Law Firm, A.P.C. after earning his Juris Doctor from the University of San Diego School of Law in 1988. With more than 35 years of experience, he and our team design realistic Chapter 13 repayment plans that keep San Diego families in their homes, with clear pricing and a free initial consultation.

We offer bilingual representation in English, Spanish, Russian, Arabic, Lao, and Cantonese. Ver esta página en español.

Authored and legally reviewed by Maxwell C. Agha, Principal Attorney, Banker’s Hill Law Firm, A.P.C. Last reviewed: September 2026. This page is legal information, not legal advice.

If you are behind on your mortgage or need to keep your property, Chapter 13 may be the answer. Call (619) 230-0330 or request a free, confidential consultation. Compare your options on our San Diego bankruptcy hub or read about Chapter 7 bankruptcy in San Diego.