Bankruptcy is a legal process that allows individuals and businesses experiencing financial distress to get a fresh financial start by discharging or restructuring their debts. One of the primary benefits of bankruptcy is that it will discharge your unsecured debts, such as credit card bills, personal loans, and medical bills. Along with the elimination of debt, your experienced bankruptcy attorney San Diego in California, such as the ones available with Recovery Law Group, will also help remove the burden of your stress, and help you get back on a healthy financial track. Your certain assets remain exempt under bankruptcy, that will safeguard your crucial assets like homes and vehicles from repossession and foreclosure.
Under Chapter 7 bankruptcy, a court-appointed trustee will sell your nonexempt possessions, and the proceeds will be used to repay your creditors. To qualify for Chapter 7 bankruptcy, your bankruptcy attorney San Diego will ask you to appear for a Means Test. In order to pass this test, your average monthly income for the past six months should be less than or equal to the median income of the size of your household in California. Moreover, you will have to undergo a meeting with your creditors under section 341 of the US Bankruptcy Code. Your creditors may ask you questions about your assets and ability to discharge debt. You will also have to complete the required debtor education class from an approved provider. At the end of discharge bankruptcy proceedings, all remaining debts will be eliminated, and you will not be obliged to repay them.
Your creditors can’t contact you directly
If you earn regularly and are left with sufficient money each month after meeting your necessary expenses, then your bankruptcy attorney San Diego may recommend you file for Chapter 13 bankruptcy, instead of Chapter 7. A court-appointed trustee will work out a repayment plan wherein you will be required to repay your outstanding debts over a period of three to five years. You will make monthly payments to the trustee who will distribute money to your creditors. Your bankruptcy attorney San Diego will ensure that your creditors are prohibited from contacting you directly, and go through the trustee instead.
Provision to protect the co-signers
A judge will review your petition and decide if you have the means to follow through with your repayment proposal. If you fall behind on your mortgages, and are in danger of foreclosure, Chapter 13 bankruptcy will help save your home by giving you time to make up those payments. Secured debts such as car loans can be restructured and extended over the span of Chapter 13 repayment plan. Chapter 13 also has a special provision that protects co-signer to consumer debt. While you complete a repayment plan, you will be allowed to keep your property that you are making payments on.
Your Recovery Law Group’s bankruptcy attorney San Diego will notify all your creditors that you have filed for bankruptcy, and they must stop all collection activities as per the US Bankruptcy Code. If they continue to do so, they are liable to pay compensation
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