California Bankruptcy Lawyer

If you've fallen behind on payments and are overwhelmed by debt, bankruptcy might offer a way out. This legal process allows individuals to either wipe out or reorganize their debts, providing a chance to reset financially. It's essential in such situations to understand the different types of bankruptcy, like Chapter 7 and Chapter 13, and how they can impact your assets and future credit. The Law Office of Christopher Hewitt can look at your assets and income, determine whether you pass the means test, and help you decide which kind of bankruptcy may be right for you.

If you are facing an imminent foreclosure, wage garnishment, vehicle repossession, or lawsuit, you may be interested in the benefits of an Automatic Stay. An automatic stay, obtained through filing for bankruptcy, acts as a powerful shield for individuals facing financial distress. It immediately halts actions from creditors, such as foreclosures, repossessions, lawsuits, wage garnishments, and incessant debt collection calls. This injunction provides critical breathing space, allowing you time to reorganize your finances without the pressure of immediate property loss or continuous harassment.

Chapter 7 bankruptcy offers a fresh start for those overwhelmed by financial burdens, mainly by providing a path to eliminate unsecured credit card debt. This form of bankruptcy, often called "liquidation bankruptcy," enables individuals to potentially keep their home and other critical assets through specific exemptions, safeguarding essential personal property and means of transportation. Those who do not own a home can take advantage of California's wildcard exemption, allowing you to exempt a certain amount of whatever you want. It's a viable option for those with varying income levels, designed to relieve the weight of crushing debt and pave the way for rebuilding credit and achieving long-term financial stability. With the proper guidance, Chapter 7 bankruptcy can be a valuable step towards a more secure financial future.

When filing for Chapter 7 bankruptcy, retaining secured assets such as a vehicle, solar panels, or the shed in your backyard is possible. With the help of your attorney, you can file a reaffirmation agreement with the creditor who owns the asset you want to keep. A reaffirmation agreement is paying for a secured asset outside of your bankruptcy. The only downside is that you now will owe the money and own the asset no matter what happens going forward, as it is outside the scope of your bankruptcy

Chapter 13 bankruptcy allows debtors who make above the median income to reorganize their debts. It will enable you to create a plan to gradually pay off a portion of your unsecured debt within 3-5 years without the immediate pressure of liquidating assets. This type of bankruptcy is particularly suitable for those with a steady income, as it requires adherence to a structured repayment schedule. Having a knowledgeable California lawyer by your side is crucial in a Chapter 13 bankruptcy. They can help you understand the intricacies of the bankruptcy process, ensure your repayment plan is feasible and in line with legal requirements, and assist in protecting your rights throughout the process. Their expertise is invaluable in helping you make informed decisions and navigate the legal system effectively, ultimately aiding you in achieving a more stable financial future.

Debt settlement offers an alternative to bankruptcy for managing debt. Through this process, you can negotiate with creditors to accept a portion of the debt owed instead of pursuing bankruptcy. This option is particularly suitable for those who might not need the comprehensive restructuring offered by Chapter 13 bankruptcy but still seek relief from overwhelming unsecured credit card debt.

In California, foreclosure typically proceeds without court involvement, using a deed of trust where the lender can sell the property at auction if the borrower defaults. The process involves a Notice of Default, followed by 90 days for the borrower to rectify the default. If unresolved, the trustee sells the property at a public auction. Filing for bankruptcy can offer temporary relief from foreclosure through an automatic stay, giving you time to reorganize your finances and potentially save your home.

Wage garnishment, where creditors take a portion of your wages to cover debts, can significantly strain your finances. In California, creditors can garnish a considerable portion of your paycheck until you fully pay off the debt. Filing for bankruptcy can be a swift solution to halt wage garnishment. It triggers an automatic stay that immediately stops most garnishments, giving you relief and time to reorganize your finances. Both Chapter 7 and Chapter 13 bankruptcy can address this issue.

In California, student loan debtors face resumed payments after the expiration of the moratorium, creating financial stress for many. To address this, Californians can explore discharging their student loans through bankruptcy by filing an adversary case against their lenders. The process your attorney will use to determine your possibility to discharge student debt involves assessing personal information, income, expenses, future payment ability, previous repayment efforts, and assets.

I am a reputable bankruptcy lawyer in Orange and Riverside Counties, fighting for my client's rights. If you're experiencing sleepless nights and want the advice of a California bankruptcy lawyer, I'm here to lend an empathetic ear and guide you toward a solution. If bankruptcy seems viable or you have inquiries, don't hesitate to reach out. I'm delighted to address any uncertainties or queries you may have, and your initial consultation comes at no cost. Engaging a lawyer should empower your journey to reclaim control without burdening you further financially.