For individuals in financial distress, filing for bankruptcy can provide significant financial relief and help individuals regain control over their finances. One of the most immediate benefits of filing for bankruptcy is the automatic stay, which stops creditors from taking further action against you. This includes halting wage garnishments, collection calls, foreclosure proceedings, lawsuits, and evictions. It gives you a break from the constant pressure of financial demands, allowing you to focus on resolving your financial situation. By eliminating or restructuring your debts, bankruptcy provides a clear path toward regaining financial stability. Depending on the type of bankruptcy and exemptions available in your state, you can keep certain assets such as your home, car, and personal property.
Hiring a bankruptcy lawyer is crucial when
navigating the complexities of bankruptcy proceedings. When you hire bankruptcy
attorney in Riverside, California, you will benefit from the expert knowledge
they possess about bankruptcy law, that varies from state to state. They can
guide you through the legal process, and your eligibility to file for
bankruptcy either under Chapter 7 or Chapter 13, ensuring compliance with all
laws and procedures.
Means Test for Chapter 7 Bankruptcy
In Chapter 7 bankruptcy, the Means Test is a
critical step in determining whether you qualify. The test involves a detailed
review of your income, expenses, and family size. When you hire
bankruptcy attorney Riverside from a reputed law firm, such as Recovery Law Group, will help
you understand the Means Test and ensure it’s accurately completed, which is
crucial for qualifying for Chapter 7 or determining if you need to file under
Chapter 13 instead.
The main goal of Chapter 7 bankruptcy is to provide
a fresh financial start by discharging (eliminating) most unsecured debts, such
as credit card debt, medical bills, and personal loans. It allows individuals
to eliminate significant debt quickly, typically within a few months. A
court-appointed trustee will review your financial situation, sell nonexempt
assets (if any), and use the proceeds to pay back creditors. Dischargeable
debts under Chapter 7 bankruptcy, which can eliminated include credit card and
medical bills, personal loans, utility bills, and past-due rents.
Repayment plan under Chapter 13
bankruptcy
Chapter 13 Bankruptcy, often called a
"wage earner’s plan”, is a type of bankruptcy that allows individuals with
regular income to reorganize their debts and create a repayment plan to pay off
all or part of their debts over a 3- to 5-year period. Rather than eliminating
debts like in Chapter 7, Chapter 13 allows individuals to keep their property (like
their home or car) and repay their debts in an affordable way over time.
The bankruptcy court will approve a repayment plan that lasts between 3 and 5
years, depending on your income and the total amount of debt you owe. To be
eligible for Chapter 13, you must have regular income, your unsecured debts
must be less than $465,275, and secured debts, such as mortgages and car loans,
must be less than $1,395,875.
Many individuals who file for bankruptcy without
legal help make mistakes, such as failing to disclose all assets,
misclassifying debts, or choosing the wrong bankruptcy chapter. Filing for
bankruptcy involves submitting numerous legal documents and forms. Even a small
mistake or omission can result in delays, rejection of your case, or even dismissal.
When you hire
bankruptcy attorney Riverside, they will ensure that all paperwork is properly completed and
filed, reducing the likelihood of errors that could harm your case.
Comments
Post a Comment