CHAPTER 7 BANKRUPTCY
Chapter 7 Bankruptcy is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a “means test” designed to determine whether the case should be permitted to proceed under Chapter 7 Bankruptcy. Under a Chapter 7 Bankruptcy, you may claim certain property as exempt from the estate. In other words, most debtors do not lose any of their property in a Chapter 7 Bankruptcy as this is commonly misunderstood.
Further, a Chapter 7 Bankruptcy allows you to ELIMINATE your unsecured debt (i.e. credit cards, medical bills, payday loans, auto deficiencies, personal loans). Some debts in a Chapter 7 Bankruptcy will likely not be discharged (i.e. student loans; domestic support and property settlement obligations; certain tax debt; post-petition debts; most fines, penalties, forfeitures, and criminal restitution obligations; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs).
Finally, a Chapter 7 Bankruptcy can STOP: lawsuits; wage garnishments; bank levies; repossessions; and creditor harassment (i.e. debt collection letters and phone calls). A Chapter 7 Bankruptcy puts a wall up and STOPS all these things from proceeding and eventually wipes them out entirely through a Chapter 7 Bankruptcy Discharge Order.
CHAPTER 13 BANKRUPTCY
Chapter 13 Bankruptcy is designed for individuals with regular income who would like to pay all or part of their debt over a period of time. You must meet specific requirements set out in the Bankruptcy Code to qualify.
Under a Chapter 13 Bankruptcy, you must file a plan with the court to repay your creditors all or part of the money you owe them, using your future earnings. Depending on your circumstances, these plans can either be three or five years and are subject to court approval. Many of the same types of debts eliminated in a Chapter 7 Bankruptcy are eliminated in a Chapter 13 bankruptcy. However, a Chapter 13 Bankruptcy discharge is broader than that received in a Chapter 7 Bankruptcy.
A big advantage available in Chapter 13 Bankruptcy is the ability to cure mortgage arrears. If you are behind on one or more mortgage payments, you may be able to fix this through a Chapter 13 Bankruptcy. If foreclosure is on the horizon, a Chapter 13 Bankruptcy may be a good option for you and your family to consider.
Our bankruptcy practice focuses on:
Chapter 7 Bankruptcy
Chapter 13 Bankruptcy
Creditor Misconduct (FDCPA, RFDCPA, TCPA, FCRA, CCRAA)
Although filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy may seem overwhelming, for many it is an opportunity for a “Fresh Start”. We are here to help you get through the bankruptcy process. Our experienced, local bankruptcy attorney will be with you every step of the way!
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This website contains attorney advertising created by Aaron M. Lloyd, Esq. and is for informational purposes only. This site and its information is not legal advice, nor is it intended to be. Please feel free to get in touch with us by email, letters, or phone calls. Contacting us does not create an attorney-client relationship. An attorney-client relationship will only be created by a fully executed written agreement. Until an attorney-client relationship is established, please withhold from sending any confidential information to us. Aaron M. Lloyd, Esq. is licensed to practice in the state of California. Thank you.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.