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Bankruptcy - F.A.Q. |
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LAW-PRO-9, P.C. - BANKRUPTCY FAQ'S
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A Chapter 7 bankruptcy is a proceeding where
you are allowed to simply get rid of your debts. If you have little
disposable income (income left over after paying necessities every
month) and if you own little property, you will be allowed to get
rid of your debts without losing anything.
If you live, have a business, or have property in California, and have had for the last 180 days, then you likely can file for Chapter 7 or Chapter 13 Bankruptcy in California. And generally speaking, if you have not
filed a Chapter 7 bankruptcy in the last 8 years and you find yourself
coming home to pay your monthly living expenses (your food, utilities,
etc.) but have no money left over for your creditors, you're likely
eligible to file a Chapter 7 bankruptcy. Virtually ALL BILLS can be eliminated in a Chapter
7 Bankruptcy.
Most commonly because you have suffered a loss of work, been injured and have medical bills, are getting divorced, have other large expenses, or have just gotten in too deep with your credit cards.
A Chapter 7 or 13 Bankruptcy will
That's fine, in many instances you can file by yourself.
You wont. Your employer is not allowed to discriminate against you for filing bankruptcy and you just can not ever go to jail as a result of filing bankruptcy.
In most instances, depending on how much "equity" you have in your home and car, you can keep these items. California Law allows you to keep a certain amount of reasonably necessary property including things like your home, car and personal belongings. A trained bankruptcy attorney can easily evaluate your assets and give you an immediate answer as to property at risk.
NO! You will be required to attend one brief Court appearance. In usual cases this appearance, called the "First Meeting of Creditors" lasts just a few minutes (that's right minutes!). Generally this appearance will be your last.
NO! Remember, "credit" is only a term indicating the measure by which we are capable of borrowing money. Chances are, if you are reading this, you are not able to borrow anyway. Your credit is poor or in a state of ruin already. As the saying goes, there is only one direction to travel from the bottom of the bucket. Furthermore, more and more, the credit industry is recognizing that those who have filed bankruptcy are actually good borrowing candidates. Why? Because they have no debt, they have money available, they can not file bankruptcy again for 6 years. Don't simply believe that your credit will vanish after bankruptcy. This is not generally the case.
We are trained attorneys who have literally handled thousands of Chapter 7 bankruptcies in California. It is our goal to provide a painless and reassuring trip through the entire Chapter 7 process, from beginning to end. You won't be stuck with just a paralegal. You won't go to Court alone. You will have your questions answered and you can be assured that your property will be protected as much as the law will allow.
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