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Chapter 13 Bankruptcy in Sacramento, CA: Why You Need an Attorney Who Handles Both Chapter 13 and Chapter 7

Liviakis Law Firm

If you’re exploring bankruptcy options in Sacramento, you’ve likely come across two primary paths: Chapter 7 and Chapter 13. What many people don’t realize, however, is that not all bankruptcy attorneys handle both types of cases.

Some firms focus almost exclusively on Chapter 7. Others primarily handle Chapter 13. And while either approach can work in certain situations, choosing an attorney who handles both Chapter 7 and Chapter 13 can make a significant difference in the outcome of your case.

Why? Because your financial situation is unique—and the best solution should be tailored to you, not limited by an attorney’s practice focus.


Understanding the Difference: Chapter 7 vs. Chapter 13

Before diving into why attorney flexibility matters, it’s important to understand the basics.

Chapter 7 Bankruptcy: The Quick Reset

Chapter 7 is often referred to as a “fresh start” bankruptcy. It allows you to:

  • Eliminate most unsecured debts (credit cards, medical bills)
  • Complete your case in a matter of months
  • Move forward without ongoing payment obligations

However, Chapter 7 has limitations:

  • You must qualify based on income (means test)
  • You may risk losing certain assets
  • It doesn’t help if you’re behind on secured debts like a mortgage or car loan

Chapter 13 Bankruptcy: The Structured Solution

Chapter 13 is a reorganization plan that allows you to:

  • Consolidate debt into one monthly payment
  • Catch up on mortgage or car arrears over time
  • Protect assets that might be at risk in Chapter 7
  • Pay back a portion of your debt over 3–5 years

Chapter 13 is especially powerful if you:

  • Have regular income
  • Want to keep your home or vehicle
  • Need time to catch up on missed payments

The Problem: One-Track Attorneys

Here’s where many people run into trouble.

Some bankruptcy attorneys:

  • Only file Chapter 7 cases
  • Avoid Chapter 13 due to complexity
  • Steer clients toward the option they’re most comfortable with

Others:

  • Focus heavily on Chapter 13
  • May underutilize Chapter 7 even when it’s a better fit

This creates a risk:

You may not be getting the best solution—you may be getting the only solution your attorney offers.


Why It Matters: Your Case Deserves Flexibility

Your financial situation is not one-size-fits-all.

You may have:

  • A mix of secured and unsecured debt
  • Income that fluctuates
  • Assets you want to protect
  • Goals that extend beyond just eliminating debt

Choosing an attorney who handles both Chapter 7 and Chapter 13 gives you access to:

1. A True Side-by-Side Comparison

Instead of guessing, you can clearly see:

  • What happens in Chapter 7
  • What happens in Chapter 13
  • The cost, timeline, and outcome of each

This allows you to make an informed decision—not a pressured one.


2. Strategic Flexibility

Sometimes the best strategy isn’t obvious at first.

For example:

  • You may qualify for Chapter 7—but Chapter 13 could protect valuable assets
  • You may prefer Chapter 7—but Chapter 13 could save your home
  • You may start in one direction—but need to pivot based on new information

An attorney experienced in both can adjust your strategy as needed.


3. Better Problem-Solving

Complex financial situations require creative solutions.

An attorney who understands both chapters can:

  • Structure a plan that minimizes repayment
  • Protect key assets
  • Address tax debt, arrears, or priority claims effectively

They’re not limited—they’re strategic.


Real-World Scenarios Where Dual Expertise Matters

Let’s look at a few common situations in Sacramento where having access to both options is critical.


Scenario 1: Behind on Mortgage Payments

If you’re behind on your mortgage:

  • Chapter 7 may delay foreclosure temporarily
  • Chapter 13 allows you to catch up over time

An attorney who only does Chapter 7 might not fully explore your ability to save your home.


Scenario 2: High Income but Overwhelming Debt

If your income is too high for Chapter 7:

  • You may be required to file Chapter 13

But a skilled attorney might:

  • Analyze expenses more thoroughly
  • Explore whether Chapter 7 is still possible

Without that analysis, you could end up in a longer, more expensive plan unnecessarily.


Scenario 3: Protecting Assets

If you own:

  • A home with equity
  • Valuable property
  • Investments

Chapter 13 may help you protect those assets.

But if asset protection isn’t a concern, Chapter 7 could be faster and more efficient.

The key is knowing which applies to your situation.


The Sacramento Advantage: Local Experience Matters

Bankruptcy laws are federal—but how cases are handled can vary by district.

Working with an attorney familiar with the local practices in Sacramento means:

  • Understanding trustee expectations
  • Navigating local court procedures
  • Anticipating common issues

When combined with expertise in both Chapter 7 and Chapter 13, this creates a powerful advantage.


Tailored Solutions: The Right Approach for You

The best bankruptcy outcomes come from customized planning.

A tailored approach considers:

  • Your income and expenses
  • Your assets and liabilities
  • Your long-term goals
  • Your immediate financial pressures

Instead of forcing your situation into a predefined box, a flexible attorney builds a solution around you.


Questions to Ask Before Hiring a Bankruptcy Attorney

If you’re considering bankruptcy, ask these key questions:

  • Do you handle both Chapter 7 and Chapter 13 cases?
  • Which option do you recommend for me—and why?
  • What are the pros and cons of each in my situation?
  • Can we switch strategies if needed?
  • How will this affect my long-term financial goals?

The answers will quickly reveal whether the attorney is offering guidance—or just a default path.


The Bottom Line: Flexibility Equals Better Outcomes

Choosing a bankruptcy attorney is one of the most important financial decisions you’ll make.

An attorney who handles both Chapter 7 and Chapter 13 provides:

  • More options
  • Better strategy
  • Greater confidence in your decision

You’re not just filing a case—you’re shaping your financial future.


Final Thought

If you’re considering Chapter 13 bankruptcy in Sacramento, don’t limit yourself to an attorney who only offers one path.

The best solution isn’t Chapter 7 or Chapter 13—it’s the one that fits your life.

And the only way to find that solution is to work with someone who understands—and practices—both.

The First Step is to get a free phone consultation to evaluation your options with an experienced chapter 7 & chapter 13 attorney to see what is best for resolving your debts.

Liviakis Law Firm

Secondary Mailing Address
1100 11th Street
3rd Floor

Sacramento, CA 95814

Phone: 916 459 2364
Primary Mailing Address
2377 Gold Meadow Way
#100

Gold River, CA 95670

Phone: 916 459 2364

Client Reviews

Mr. Liviakis is extremely knowledgeable and answered all of the questions that we had about our situation. He made a really difficult time manageable with his help and expertise. I would definitely recommend...

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Mr Liviakis was great in assistant me with my bankruptcy during a very difficult time in my life. I appreciate his effort and understanding and everything went smooth. Thank you, hopefully we never have to do...

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Positive: Professionalism, Quality, Responsiveness, ValueVery satisfied with the quality of work and friendly service of Liviakis Law Firm 100% recommended!

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