Experienced bankruptcy lawyers in California to provide you with the right legal advice for your bankruptcy options
The US Bankruptcy Code is designed to provide a legal reprieve to individuals and businesses who are unable to repay their outstanding debts or obligations. All bankruptcy cases in the US are heard in the federal courts, who will appoint a trustee, to represent the debtor’s estate in proceedings. Before filing for bankruptcy, you may be presented with some alternatives by your creditors, like forbearance, wherein you will be allowed to postpone payments for a period of time. You may be provided with repayment plans to repay your debt in smaller amounts, stretched over a longer period. Some lenders also offer you a lower interest rate over the remainder of your loan.
However, if nothing works out and
you are only left with bankruptcy as the last resort, then you can contact
specialist bankruptcy law firms, such as Recovery Law Group. They have
specialist bankruptcy
lawyers California who have helped thousands of individuals, including
businesses, with their bankruptcy filings. Chapter 7 bankruptcy is for
individuals for whom the debts have become overwhelming, and cannot be repaid
by the individual despite their best efforts. A court-appointed trustee will
make a list of your secured debts, which are backed by collaterals, and
unsecured debts, which do not have any such backing. Secured debts take
precedence over unsecured debts, and holders of secured debts are the first in
line to be paid off.
However, your Recover Law Group’s
bankruptcy lawyers California will ensure that your exempt assets are not
liquidated or sold off to repay the creditors. These include:
·
A certain amount of home equity
·
Clothing and household goods
·
Spousal or child support
·
Some tools of trade
·
Most public benefits and
insurance benefits, and
·
Most personal injury awards
Filing for Chapter 7 and Chapter
13 bankruptcies
Any debts after the bankruptcy
completion will be discharged or not required to be repaid. To file for Chapter
7 bankruptcy, you will need to pass the Means Test, wherein your past six
months’ average monthly income should be less than the Median income of the
size of your household in the state of California. However, if you fail this
Means Test, your bankruptcy lawyer California may suggest you to file for
bankruptcy under Chapter 13. You will be given a reorganization plan, as
approved by the court trustee, to repay your outstanding debts to your
creditors over a period of three to five years.
Also known as the Wage Earner’s
Plan, you must compile a list of all the creditors along with the amount owed
to each. In most circumstances, the repayment must provide a substantial
payment to creditors, which must be at least equal to what they would receive
under other forms of bankruptcy. Your all-outstanding debts will be
consolidated into an agreed upon monthly installment, and the trustee will
distribute the money to your creditors as per the reorganization plan. Any debt
remaining after the completion of bankruptcy will be eliminated.
Recovery Law Group’s bankruptcy
lawyers California will ensure that all creditors’ collection activities are
stopped as soon as you file for Chapter 7, Chapter 13, or Chapter 11 (or
businesses) bankruptcy. If your creditors do continue these collection and
harassment activities, the experienced bankruptcy lawyers in California will
sue them for violating the court’s automatic stay.
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