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Bankruptcy is a process that is governed by federal law, supervised by bankruptcy court, which allows individuals to seek relief from overwhelming debt and obtain a new financial start. An individual that cannot repay their debts when they become due, files for bankruptcy, following a legal framework that resolves debts and determines how creditors will be paid. A bankruptcy attorney can help determine which one is right, based on your situation. Some types of bankruptcy proceedings include:
There can be various consequence for filing for bankruptcy. However, the impact is not permanent. Given time, and responsible financial management, an individual can rebuild positive financial standing. Common consequences for filing for bankruptcy include:
The assets that you can keep in bankruptcy depend on the type of bankruptcy you file and the state you live in, determining exemption laws. Exemption laws define types and amounts of property that can be protected from seizure to repay creditors. Exemption laws do have limitations. Consulting with a bankruptcy attorney can help you understand what is best for your situation and which assets you can keep.
Through bankruptcy, a debt that you are no longer liable for repaying is considered discharged. Discharged depts vary with the type of bankruptcy you file and the laws and regulations in your state. Not all debts can be discharged, and some have certain requirements that must be met. Common types of debt that may be discharged are:
If you're experiencing severe financial difficulties, bankruptcy can provide a path to debt relief and help you get a fresh start. Whether you are just starting to consider bankruptcy or have already filed, getting a bankruptcy lawyer involved can help you maximize the benefits afforded to you by the United States Bankruptcy Code.
We've assembled a list of trusted local lawyers that you can use to find the right California bankruptcy attorney to help you stop wage garnishment, prevent creditor harassment, get debt relief, and protect your property.
A bankruptcy attorney can help you determine if the process is right for you or if other debt relief options are better suited to your needs. If bankruptcy is appropriate for your situation, your lawyer will help you decide whether Chapter 7 bankruptcy (often used by individuals or small business owners), Chapter 13 bankruptcy (where debt repayment plans are established to help you get back on track), Chapter 11 (business reorganization) or some other form of California-specific bankruptcy process is best for you.
People wind up filing for bankruptcy for many reasons, often involving outside forces or unforeseen expenses: Medical debt and unexpected health care costs can quickly spiral out of control, credit card debt can accrue due to business expenses or needing to use a credit card during periods of unemployment and low cash flow, investments in the stock market, real estate or other financial vehicles might suffer due to a financial crisis, or a supply chain shutdown can cause debt to cascade in times of pandemic (such as the coronavirus/COVID-19 outbreak) or due to oil price fluctuations. In any of these situations, a bankruptcy attorney can help you find the best course of action.
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Finding the best lawyer for your unique situation can be a challenge, but the best way to hire a good California attorney is to talk with them, ask them questions, and make sure they meet all your needs. This usually starts with their practice area. Determine which lawyers can handle your type of case and then find a California attorney with experience in that area. So it will be important to ask about each lawyer’s years of experience, legal training, and strategy to your unique legal case.
The attorney-client relationship may also be important. If it is your first time dealing with a legal issue, you may be looking for a lawyer who can clearly and patiently explain the legal process, identify your options, and answer all your questions. You may also want an attorney who is available at any time to provide legal advice. Think about questions to ask, like if there are updates to your case, how will that be communicated? Are there specific California law deadlines that you are required to meet?
The location of your attorney's law office may also be an important factor. In larger cities like Los Angeles, San Diego, or San Francisco, you may want to find a lawyer with a convenient location to you so that you don't have to drive an hour just for signing legal papers. However, some legal services can be primarily conducted through phone calls, emails, written correspondence, and video calls, so you could, for example, have a lawyer in Sacramento handle your legal issues in Riverside.
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