Is Now the Right Time for Filing Bankruptcy in Sacramento – Choose the Right Legal Help

If you cannot keep up with minimum payments, bankruptcy can provide relief by reducing or eliminating eligible debts, such as credit card balances, medical bills, or personal loans. People consider bankruptcy when their debt becomes unmanageable, and they are at risk of losing their home or other essential property despite negotiations with creditors or due to judgment from creditors. Filing bankruptcy in Sacramento, California initiates an "automatic stay," which temporarily halts actions by creditors, such as foreclosure, repossession, eviction, or utility shut-offs.   

Consulting a bankruptcy lawyer is highly recommended when considering or filing bankruptcy in Sacramento due to the complexity of the process and the significant consequences involved. A specialist bankruptcy lawyer such as the ones available with Recovery Law Group can analyze your financial situation and recommend the most suitable type of bankruptcy. Chapter 7 bankruptcy will discharge your debts quickly. However, to qualify for Chapter 7, you will have to first pass a Means Test, the details of which will be provided to you by the lawyer filing bankruptcy in Sacramento on your behalf.   

On the other hand, Chapter 13 bankruptcy will reorganize your debts, and you will be allowed to repay all your outstanding debts over a period of three to five years. Any outstanding after the completion of bankruptcy will be eliminated. There are other specialized types of bankruptcies also under the US Bankruptcy Code. Chapter 11 is for businesses, while Chapter 12 is for farmers and fishermen.  There are bankruptcy exemptions that will allow you to keep certain property like home, car, and personal items. However, understanding federal vs. state exemptions can be complex, and you will be provided with accurate information about these exemptions by your lawyer filing bankruptcy in Sacramento.   

Some of the common exemptions under Chapter 7 bankruptcy are:  

·         Homestead exemption of $27,900 for equity in your primary residence  

·         Motor vehicle of $4,450 in equity value  

·         Personal property of up to $14,875   

·         $2,800 for tools of the trade  

There are some state-specific exemptions also. Like, California offers flexible exemptions to protect cash or other property. However, in Chapter 13 bankruptcy, exemptions are used differently than in Chapter 7. Instead of protecting assets from being sold, exemptions help determine how much you must repay unsecured creditors in your repayment plan. You keep all your assets during Chapter 13, but you must propose a repayment plan for your debts. Your repayment plan must pay at least as much to unsecured creditors as they would receive in a Chapter 7 liquidation. Some debts, like student loans, taxes, child support, and alimony, cannot be eliminated.  

After filing bankruptcy in Sacramento, your creditors are legally required to direct all communications through your attorney, giving you peace of mind. You will be required to undergo a court-approved debtor education course after filing bankruptcy in Sacramento, and also attend a meeting, called 341 Meeting, with the creditors before filing for bankruptcy. Recovery Law Group’s specialist bankruptcy lawyer can help you weigh the long-term benefits of bankruptcy against its costs and impacts, ensuring it's the best financial decision for your situation. After your case is resolved, the lawyer can also advise you on rebuilding credit, managing finances, and avoiding future financial pitfalls.