Bankruptcy

We provide legal assistance and guidance for individuals at every stage of the bankruptcy process.

Bankruptcy

When bankruptcy is the best course, we advise debtors through the intricacies of the bankruptcy process. Our clients facing debt-related concerns can rely on our expertise to understand and address their options. 

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If you are struggling under mounting debt, contact us. We can help.

FREQUENTLY ASKED QUESTIONS

Your questions about
Filing Bankruptcy

If you are having trouble paying your debts, you may be considering consulting a bankruptcy lawyer. A consultation with a bankruptcy attorney may be useful for you personally. The goal of a bankruptcy petition is to provide debtors with relief from their debts and allow them to make a fresh start. A bankruptcy attorney can help explain and navigate the laws that govern who is eligible for bankruptcy and under what circumstances and help you determine whether it is advisable for you to proceed with a bankruptcy case.

Individuals most often file bankruptcy cases under Chapter 7 or Chapter 13 of the federal Bankruptcy Code. Chapter 7 cases are known as liquidation cases, while Chapter 13 cases are known as reorganization cases. There are requirements under each Chapter that determine whether you are eligible for bankruptcy relief. Individuals who file successful Chapter 7 cases can avoid paying outstanding debt, depending upon the type of debt obligations they have incurred. Individuals who file successful Chapter 13 cases develop reorganization plans to pay back some or all of their debts.  

Commonly referred to as “liquidation,” individuals filing bankruptcy under Chapter 7 may eliminate many types of debt, including:

  • Credit card bills,
    Medical debt,
  • Lawsuits and judgments,
  • Deficiency judgments after foreclosure or vehicle repossession, and
  • Certain taxes.

In addition, under Chapter 7, individuals can usually keep all or most of his or her property or home equity through California’s generous homestead exemption. If filing Chapter 7 Bankruptcy makes sense for you, we will prepare and file your petition and schedules. Once filed, an automatic stay will go into effect and any further communications from your creditors will have to go through our office.

Bankruptcy under Chapter 13 is commonly referred to as the “wage earner plan.” Chapter 13 bankruptcy allows our clients to reorganize their debt to repay all or a portion of their credit cards, taxes and past due mortgage and vehicle payments over a 3- to 5- year period.

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