Our Chapter 7 Bankruptcy Attorneys in San Diego specialize in chapter 7 bankruptcy cases and are well-equipped to help you eliminate your debts and regain control of your financial future.
Chapter 7 bankruptcy is the most common type of bankruptcy case filed and can provide a fresh start by wiping out virtually all of your debts. With expert guidance from a San Diego bankruptcy attorney, the process can be fast and easy. However, without professional advice, cases can become complicated and lead to delays or even the loss of property. Our experienced attorneys have handled thousands of bankruptcy cases with great success, ensuring that our clients receive the relief they need and deserve.
Chapter 7 bankruptcy, also known as a "fresh start" or "clean slate" bankruptcy, offers individuals the opportunity to eliminate their debts and begin anew.
By filing for Chapter 7, you can eliminate credit card debts, medical bills, payday loans, lawsuits, judgments, and unpaid balances on repossessions or foreclosures.
This process usually takes 3 to 4 months and allows you to keep all of your property. A Bankruptcy Trustee will review your paperwork during a "meeting of creditors" that you attend with your San Diego bankruptcy lawyer. Most people complete their cases quickly and successfully thanks to the Chapter 7 process.
Individuals overwhelmed by debts often choose to file for Chapter 7 bankruptcy in order to eliminate debts they can no longer pay and obtain a fresh start.
However, there are certain limitations on who can file for Chapter 7. For instance, if you have received a discharge in a prior Chapter 13 case, you will have to wait 6 years from the date of the initial filing in order to file a later Chapter 7 case. The rules surrounding these limitations are complex, making it crucial to consult with a San Diego bankruptcy lawyer to determine if you qualify for Chapter 7 relief.
Filing for Chapter 7 bankruptcy immediately invokes an "automatic stay," halting most creditor collection activities. This includes foreclosure, repossession, wage garnishments, lawsuits, and other lien enforcement actions. Utility services and welfare benefits cannot be cut off either.
The automatic stay acts as an injunction that creditors must respect. However, there are a few exceptions to the automatic stay, such as child custody and support hearings. Additionally, creditors may request the San Diego Bankruptcy Court to lift the automatic stay for property with liens or mortgages.
Chapter 7 bankruptcy discharges most, if not all, of your debts, including credit card debts, medical bills, payday loans, and more. However, there are certain debts that are considered "nondischargeable," such as child and spousal support, most student loans, recent debts incurred for luxury items, and tax debts due within the last 3 years.
The 2005 amendments to the Bankruptcy Code introduced the Means Test, which determines eligibility for Chapter 7 bankruptcy. The Means Test applies to higher-income earners and considers their income, expenses, and family size to determine if they have enough disposable income to repay their debts.
If someone fails the Means Test, they may have to consider filing for Chapter 13 bankruptcy instead. However, it's important to note that there are minimum income thresholds and timing considerations that can still allow individuals to qualify for Chapter 7.
Seeking the assistance of a San Diego bankruptcy lawyer is crucial for navigating these complex eligibility requirements.
Every bankruptcy case involves a Trustee appointed to represent creditors. Their duty is to liquidate assets if possible to pay off creditors. However, with proper planning and the assistance of a skilled bankruptcy lawyer, you can protect your assets using federal and California exemptions.
These exemptions allow you to retain certain categories and amounts of property. It's important to work with experienced bankruptcy lawyers who understand the complexities of exemption planning, as mistakes can lead to unprotected assets and other difficulties in your bankruptcy case.
The Bankruptcy Law Center has a team of dedicated bankruptcy lawyers and staff who are committed to providing the highest level of professional service to clients in San Diego. We have a proven track record of success and are ready to guide you through the Chapter 7 bankruptcy process, helping you regain control of your financial life. Contact us today at 1-(800)-551-7922 for a free consultation.
Your employer will most likely not find out about your bankruptcy case when you file for Chapter 7 Bankruptcy.
When you file a bankruptcy case there is a public record that is created. What that means is that any person could search court records and see that you have filed for bankruptcy. While a bankruptcy filing is public record, the reality is that most people don’t go searching for court records.
If you file for Chapter 7 bankruptcy whether you keep your car will depend on your ability to make payments and the value of your vehicle. State law usually exempts $3,325 of vehicle equity. Assuming you have has $1,000 of equity in a $25,000 car that was bought new a year ago. The vehicle would be exempt. The equity value is all that matters.
If you are concerned about your vehicle being repossessed or you would like to explore your options for filing for bankruptcy, we can help.
Our expert bankruptcy attorneys at The Bankruptcy Law Center have filed literally thousands of bankruptcy cases for consumers, including Chapter 7 and Chapter 13, providing San Diegans with an unprecedented level of professional commitment and service.
The Bankruptcy Law Center is proud of its team of lawyers, paralegals, and thoughtful staff and we believe that we are the most diligent and committed bankruptcy law firm in the Greater San Diego area which is proven by our firm is the most reviewed and top-rated Bankruptcy firm in San Diego.
Sometimes called a “fresh start” bankruptcy, a “clean slate” bankruptcy or a “liquidation,” Chapter 7 bankruptcy is the best way to take control of your financial situation and start over by eliminating your debts.
The rules for the Means Test are contained in the Bankruptcy Code at Section 707(b). The Means Test requires us to first determine if your income is above or below the “Median Income” level for similar households in your state. The bankruptcy means test determines who can file for debt through Chapter 7 bankruptcy. It takes into account your income, expenses, and family size to determine whether you have enough disposable income to repay your debts.
Here are a few different actions you should not take before you file for a Chapter 7 bankruptcy:
Transfer property or money
Only make payments to your favorite creditors and not to others
Buy unnecessary items using a credit card
Make unusual bank deposits that will create a red flag
Initiate unnecessary lawsuits
Prepare bankruptcy paperwork incorrectly or carelessly
Take cash advances on your credit card
Purchase luxury services
File for bankruptcy before you receive a valuable asset, such as an inheritance
Failed to file your tax returns
Use your retirement funds unnecessarily
File for bankruptcy at the wrong time
Sometimes people file Chapter 7 to eliminate credit card debts or medical bills, but they are up to date on their mortgage payments on their homes. In these cases, as long as the debtor stays current on their mortgage payments, they will continue to own their home and nothing will change.
Homeowners who want to use bankruptcy to save their homes from foreclosure will likely use Chapter 13 because it gives you options that you won’t find in Chapter 7. Many homeowners come to us after trying unsuccessfully to complete a loan modification or after frustrating experiences with their lenders.
Chapter 13 is ideal for people who want to save their home from foreclosure, lower car payments, consolidate debts or save other valuable assets when Chapter 7 won’t allow them to accomplish their financial goals.
Even if Chapter 7 is not available to you, there is still relief to be had in Chapter 13 depending on your income, expenses and debt burden. It’s possible that you could feasibly complete a Chapter 13 repayment plan and use the advantages of Chapter 13 to restructure your debts and your debt payments—thus taking back control of your financial life.
With a bankruptcy, particularly a Chapter 7, you begin to build credit the day after your bankruptcy is over. Every day that goes by is another day farther from your bankruptcy and a day closer to better credit.
Many clients are surprised to learn how easy it is to get certain kinds of credit, sometimes immediately after bankruptcy. And while we don’t advocate digging yourself into a credit hole after you’ve gotten your Chapter 7 discharge, it is wise to start having some credit, and paying it off timely on a monthly basis to build your credit back up.
Between 21 and 40 days, after the petition is filed, the case trustee will hold a meeting of creditors. (Bankruptcy Code § 341; the so-called “341 meetings.)
Typically within 60 to 90 days after the 341 hearing is completed, you will receive your Discharge Order in the mail and your bankruptcy case is over. This Discharge Order acts as a permanent injunction that prohibits any attempts to collect debts from you personally that were discharged in your bankruptcy.
Most or perhaps all of your debts will be discharged in Chapter 7. As noted above, you will eliminate your credit card debts, gasoline card debt, medical bills, pay day loans, lawsuits, judgments, unpaid balances on repossessions or foreclosures, personal loans, guarantees and more.
When handled by highly experienced bankruptcy lawyers, your Chapter 7 bankruptcy process will seem fast and easy. You will certainly wonder why you had any anxiety at all about the process. But bankruptcy law is extremely complex. So don’t kid yourself.
The law requires your lawyers to make a series of critical determinations and judgments and to guide you through any tricky issues so that you receive your discharge quickly and efficiently. In addition, you’ll want to get your discharge and keep all of your property if possible. And if there is risk to any of your assets, you’ll want the best lawyers available to assess and explain the risk, to plan your case to address the risk, and to explain other options if Chapter 7 is not the best option for you.
We represent our clients with passion and zeal and we aggressively work to get you the relief you deserve. When searching for a “bankruptcy lawyer near me”, choose the best San Diego bankruptcy lawyers. Find out if Chapter 7 bankruptcy will work for you or if there are other options that will radically change your financial situation and put you back in control.
Call the Bankruptcy Law Center today to set up a FREE consultation at 1-(800)-551-7922. Don’t live the rest of your life buried in debt. Call today to set up a FREE consultation with one of our lawyers at (800) 551-7922.
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