Santa Rosa Bankruptcy Attorney Reginald R. Hindley

Call now for a Free Bankruptcy Consultation

Santa Rosa 707 575 3700 or 707 542 4200
San Francisco 415 202 0800
San Jose 408 673 8080

About Us

A local bankruptcy firm providing affordable bankruptcy solutions to Santa Rosa residents.

We pride ourselves on the many people in the Sonoma County area we have helped over the last 25 years by offering not only a superior service to our rivals but also competitively priced tailor made solutions. We are confident we will be able find a resolution to even the most overwhelming financial problems through Chapter 7 and Chapter 13 bankruptcy.

If you want to stop collection calls, wage garnishment, and creditor harassment, contact us today. In a free consultation, we can review your options and discuss what we can do to help to obtain maximum debt relief for you.

BENEFITS OF BANKRUPTCY

Benefits of Bankruptcy

Some of the benefits of bankruptcy can include:

Wages attachments/ bank levies

Filing bankruptcy can stop wage attachments and/or bank levies.

Discharge Credit Card Debt

Generally discharged with no obligation to pay on them again.

Discharge Medical Bills

Generally discharged with no obligation to pay on them again.

Strip Off Second Mortgages, Home Equity Lines of Credit and Judgment Liens from Your Property

You may never have to pay on your second mortgage or line of credit again. Judgment liens can also be removed under certain conditions.

Put your mortgage arrears on a payment plan and keep your house

Bankruptcy can force the bank to accept a payment arrangement to catch up the arrears over the next few years if you are able to resume your payments.

Stop Foreclosures

Bankruptcy can stop a foreclosure if you are able to resume payments and slowly catch up the arrears over the next few years.

Need time for loan modification?

While our office does not negotiate loan modifications, bankruptcy can stall a foreclosure process in order to give you, or your agent, time to negotiate loan modification options.

Discharge old tax debt or create payment plans for tax arrears

Taxes that came due within the last 3 years can be put on a payment plan over the next few years. Older taxes are potentially dischargeable with no obligation to pay on them again.

Reduce the principle on your car loan and/or get a better interest rate

Potentially pay only the market value of your vehicle instead of the bloated loan balance. A reduction in the interest you are paying may also be available. If you are behind on your payments the car can be paid off through the bankruptcy over the next few years. This can also result in a reduction in your payment.

Rebuild your credit

Bankruptcy may relieve you of substancial amounts of debt. Your credit may then recover because missed payment are no longer being reported and your debt ratio has improved. Paying bills on time for any secured debts you wish to keep, or on future debts you may incur, is essential to rebuilding your credit.

Discharge pending lawsuits and judgments entered against you

Bankruptcy may relieve your obligation to pay a creditor even if they have a lawsuit or judgment against you. Judgments recorded against your real property can potentially be removed, depending on which chapter of bankruptcy you file.

Stop repossession of your personal property

If you are being threatened with repossession, bankruptcy can halt any action. If you have a car that was repossessed you may be able to discharge any balance owed in bankruptcy.

End suspension of your professional license

Bankruptcy can sometimes release a suspension of your professional license. Under certain circumstances a bankruptcy discharge can release a suspension of your professional license.

WHAT TO EXPECT

What to Expect

Once you retain our office, the general process is as follows:

1. You will need to provide:

Copies of your most recent filed tax return(s); copies of all paystubs you have received in the last 6 months and current ones as you receive them, a copy of your valid picture ID (drivers license or passport); copy of your social security card for verification. If you operate a business, even if you are an independent contractor, we will need monthly profit and loss statements for the last 6 months and current statements as new months conclude.

2. You will fill out and return

A worksheet detailing your financial and personal property information.

3. You will need to provide

Copies of any lawsuits, wage attachments, levy notices, and/or foreclosure notices.

4. Reginald Hindley and his staff use

The information provided in your worksheet to prepare a bankruptcy petition and other documents required by the court.

5. You will need to take

The mandatory credit counseling course either online or by telephone prior to our office filing your case (instruction to be provided).

6. Once you review and sign your petition

It is filed with the court. Approximately 30 days later, you and one of our attorneys will meet with the bankruptcy trustee assigned to your case. The trustee, and any creditors that choose to appear, will ask you questions about your case and your paperwork to ensure that all money and assets have been accounted for.

7. Prior to your case being finalized

You will need to complete the second mandatory course either online or by telephone (instructions to be provided).

CHAPTER 7/13

Chapter 7/13

Click here to find out about Chapter 7

Chapter 7 is the most common form of bankruptcy in the United States

Chapter 7 is the most common form of bankruptcy. Individuals who reside, have a place of business, or own property in the United States may file for bankruptcy in a federal court under Chapter 7 ("straight bankruptcy", or liquidation).

In a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property. Most liens, however (such as real estate mortgages and security interests for car loans), survive, unless you choose to surrender the property. The amount of property that can be claimed as exempt varies from state to state.

Non-exempt assets, if any, are sold by the trustee to repay creditors. Many types of unsecured debt are legally discharged by the bankruptcy proceeding, but there are various types of debt that are not discharged in a Chapter 7. Common examples of non-dischargeable debt include:

Child support

Income taxes less than 3 years old and property taxes

Student loans (very rare exceptions)

Fines and restitution imposed by a court for any crimes committed by the debtor

Spousal support

Property settlements through divorce

Despite their potential non-dischargeability, all debts must be listed on bankruptcy schedules.

A Chapter 7 bankruptcy remains on an individual's credit report for 10 years from the date of filing. This can make credit less available and terms less favorable, although high debt or delinquent debt can have the same effect. Future ability to obtain credit is dependent on multiple factors.

Click here to find out about Chapter 13

Chapter 13: financial reorganization

The goal of Chapter 13 is to enable debtors who qualify a court-approved financial reorganization.

Under Chapter 13, the debtor proposes a plan to pay his creditors over a 3 to 5 year period. This written plan details the repayment terms; payment to trustee must begin within thirty to forty-five days after the case filing. During this period creditors cannot attempt to collect on the individual's previously incurred debt except through the bankruptcy court. In general, the individual gets to keep his property and his creditors end up with less money than they are owed.

A Chapter 13 bankruptcy allows you to keep more property than Chapter 7. The advantages of Chapter 13 include:

The ability to stop foreclosures

Tax repayment plans

Catch on mortgage arrears

Remove junior liens (ie: second mortgage)

Allows you to keep more assets

TAX DEBT

Tax Debt

Discharge old tax debt or create a payment plan for tax arrears.

Taxes that came due within the last 3 years can be put on a payment plan over the next few years regardless of whether the IRS or Franchise Tax Board wants to be on a payment plan. Older taxes are potentially dischargeable with no obligation to pay on them again.

Several factors can determine whether or not your taxes can be discharged. Your tax issues may be resolved under chapter 7 or 13 bankruptcy; meeting with one of our attorneys can help you determine which chapter best suits your situation.

FORECLOSURE

Foreclosure

Bankruptcy can stop a foreclosure if you are able to resume payments and slowly catch up the arrears over the next few years.

While our office does not negotiate loan modifications, bankruptcy can stall a foreclosure process in order to give you, or your agent, time to negotiate loan modification options.

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CREDITOR REPRESENTATION

Creditor Representation

If you are a creditor in a bankruptcy proceeding, it is essential to be aware of your rights in order to maximize potential recovery of your claim. Just because a debtor has filed for bankruptcy does not mean the debt will automatically be discharged. Depending on the facts leading up to the filing you may be able to recover all or part of your claim.

Reginald Hindley can assist you in maximizing your recovery and in analyzing the situation to inform you of your options and which of them is the most cost effective.

Services include:

Filing a proof of claim

Creditor meeting representation and attendance

Filing motion for relief from automatic stay

Objections to discharge or confirmation

Defense of objections to claim

Call to discuss additional creditor representation services.

It is important to call Reginald Hindley immediately to become informed on your situation and avoid missing a deadline that could bar your recovery.

FAQs

Some of the benefits of bankruptcy can include:

Why should I hire an attorney?

Bankruptcy is a complex process especially after the change in bankruptcy laws that became effective in late 2005. An experienced bankruptcy attorney will be able to properly prepare your court documents, ensuring your assets are fully protected and will also appear with you at your Meeting of Creditors.

Can I hire a paralegal?

Yes, however paralegals are not attorneys. A paralegal is able to prepare court documents but cannot give out legal advice or provide representation in court.

Will bankruptcy stop my foreclosure?

Yes, bankruptcy can stop the foreclosure if you are able to resume payments and slowly catch up the arrears over the next few years.

Does bankruptcy ruin my credit?

Unfortunately, by the time you have filed a bankruptcy, your credit may already be ruined. However, a bankruptcy clears your old debts putting you in a position to be able to pay current bills. There are ways to rebuild your credit after a bankruptcy and even get financed for a home within 3 to 5 years. Being proactive through research will better help you get started on rebuilding credit. It is important to understand that the bankruptcy court and our office are not associated with credit reporting agencies and it is up to you to rebuild your credit. A bankruptcy will stay on your credit report for up to 10 years. At the end of your bankruptcy we offer our clients basic advice on how to rebuild their credit.

Will I have to go to Court?

In most bankruptcy cases you will only have to appear one time at your meeting of creditors. At this meeting the bankruptcy Trustee assigned to your case will verify your identity (valid California picture identification and proof of your social security number required). Additionally, the Trustee will ask you questions about your petition and allow your creditors (if any are present) to ask questions. In some instances the court may require additional information and your attendance may be required for a second meeting.

What types of debts are not dischargeable?

The following types of debts are not dischargeable: any court or traffic fines, monies owed due to negligence and/or fraud, child support, alimony, student loans, certain types of taxes, debts not listed in your bankruptcy and any loans and/or credit cards obtained with false information.

What is the difference between discharge and dismissal?

A discharge indicates the bankruptcy case filed was completed and the case is concluded.

A dismissal indicates that a bankruptcy case was not completed; several factors can contribute to a case being dismissed.

Can I keep my personal property?

Typically most personal property can be protected in bankruptcy. You will need to provide information about all of your assets to your bankruptcy attorney. Your property cannot be protected unless it is disclosed.

Can I keep my house?

You can usually protect your home in bankruptcy. It is essential to determine the current market value and know the current balances of all liens recorded against your home. This information will help determine which chapter will best suit you.

If I am married do I have to file with my spouse?

No, you may file an individual bankruptcy. It is important to understand the individual who files the bankruptcy will have relief from the debts listed. However, any debts jointly held with your spouse will leave the non-filing spouse liable on those debts.

What are your fees?

Our fees vary depending on the complexity of the case. A fee quote is provided at your consultation. Attorney fees and courts costs can be split into payments. However, please be advised all fees must be paid prior to filing.

Can I keep a credit card?

Legally you have to list all debts in your bankruptcy. It is up to the credit card company whether they wish to keep you as a customer and continue to extend you credit.

What if I forget to list a creditor in my bankruptcy?

If you realize you forgot to list a creditor after the bankruptcy is filed, the court and our office will charge a filing fee for any amendments. Once your case is closed, the court’s fees increase considerably as your case has to be reopened.

Is there another option besides filing for bankruptcy?

Our office mainly focuses on filing bankruptcies. However, in some instances we have been successful in settling accounts. Settlement candidates need funds available to pay a one-time lump sum settlement plus attorney's fees.

When will my creditors stop calling me?

Once they receive notice of the bankruptcy filing creditors must stop contacting you. Upon retaining our office, we advise our clients to inform creditors that they have retained a bankruptcy attorney and provide them with our contact information. At that point creditors will typically contact our office for a case status update.

MEET OUR ATTORNEYS

Meet Our Attorneys

San Francisco Bankruptcy Lawyer Reginald R. Hindley

Reginald R. Hindley

Reginald Hindley is a Northern California native and Bay Area resident. He has been practicing bankruptcy law and real estate law for over 25 years. Reginald completed his undergraduate education at the University of California, Santa Barbara and received his law degree from Pepperdine University Law School in Malibu California. Reginald is a member of the Sonoma County Bar Association, San Francisco Bar Association and a member of the National Association of Consumer Bankruptcy Attorneys. He has filed, represented and presided over thousands of personal and business bankruptcies throughout the North Bay and San Francisco areas. Reginald Hindley and his staff are determined to provide our clients with the best possible service. Whether you are a family, single person, corporation or partnership, The Law Office of Reginald Hindley is ready to give you the facts and help you understand and explore your options

San Francisco Bankruptcy Attorney Ryan A. Henderson

Ryan A. Henderson

Ryan is a cum laude graduate of California Western School of Law, class of 2007. He previously served as Vice President of Business Affairs/Corporate Counsel in a multi-national corporation before joining the Law Office of Reginald Hindley in 2009. His focus is on reorganizations, taxes, and creditor work. He provides clear, compassionate advice to our clients. Prior to practicing law, Ryan managed and operated a local business in Santa Rosa. He understands the challenges and nuances of operating a business in today’s economic climate. Ryan is a Sonoma County native who attended Cardinal Newman High School. He graduated with Distinction earning a Bachelor of Arts in Economics from Sonoma State University.

San Francisco Bankruptcy Attorney Kristina K. Guth

Kristina K. Guth

Kristina is a graduate of the Empire College School of Law. While at Empire she received an award for academic excellence and was recognized at the Sonoma County Bar Association’s Pro Bono Luncheon. After graduating from Empire, Kristina joined the Law Office of Reginald Hindley. She has represented many people throughout the Northern District of California in both Chapter 7 and Chapter 13 Bankruptcies. She provides knowledgeable guidance and support through the filing process and the post filing requirements. Kristina graduated from the honors program at Pacific Union College with a degree in Biology. Kristina is a long time resident of Sonoma County and is a member of the Sonoma County Bar Association and the Sonoma County Women in Law.

Successful outcomes depend on skillful preparation. Across our extensive practice areas, we strive to develop sound legal strategies consistent with your objectives. We realize that this endeavor involves a thorough understanding of both the legal and business issues involved. Reginald Hindley is not just a skillful, forward-thinking legal advocate, he is also an experienced business professional.

Call for a free consultation today

707.575.3700 or 415.202.0800

RESOURCES

Resources

United States Bankruptcy Court, Northern District of California

Approved Credit Counseling Providers

Find a Value for Your Vehicle

Find a Value for Your Home or Real Property

Property Tax Status for Sonoma County

Begin a Free Bankruptcy
Consultation

Our offices are conveniently located in San Francisco, Santa Rosa and San Jose.

Santa Rosa

718 Orchard Street, Santa Rosa, CA 95404,
707. 575. 3700 or 707.542.4200

San Francisco

41 Sutter Street, Suite 519, San Francisco, CA 94104,
415. 202. 0800

San Jose

93 Devine Street, San Jose, CA 95110,
408. 673. 8080

Santa Rosa

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Regional Office

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BANKRUPTCY

IS MORE COMMON THAN YOU THINK

Many successful people and companies have filed for bankruptcy. Over the last two decades, statistics show some of the highest volumes of bankruptcy filings. The vast majority of bankruptcies are filed by people that would pay their creditors if it were possible but have fallen on hard times. Unfortunately, creditors are not willing to wait until your situation improves.

Put our experience to work for you and get the fresh start you deserve.

Santa Rosa Law Firm

Are tax entities threatening to levy?
Have you been served with a lawsuit?
Are creditors threatening to lien your property?
Do you need to eliminate or consolidate your debt?
Are your wages being garnished?
Are you facing foreclosure?
Do you have judgments against you?

Bankruptcy could be your solution

WHY SHOULD YOU CALL THE LAW OFFICE REGINALD HINDLEY?

EXPERIENCE.

Over 25 years specializing in bankruptcy with thousands of successful cases representing debtors and creditors. Put our experience to work for you to get the fresh start you deserve with people you can trust.

INFORMED CHOICES.

Avoid making bad decisions or hiring an inexperienced attorney, or paralegal, that could end up costing you more money or prevent you from getting a discharge.

AFFORDABLE.

Attorneys fees and court costs can be split into payments. However, please be advised that all fees must be paid in full before a case can be filed.

NEGOTIATE.

Avoid bankruptcy and reach settlements with your creditors.

TRANSLATION.

Available by appointment for Spanish, Mandarin and Cantonese.

FLEXIBLE.

Weekend and evening appointments are available for your convenience.

COUNSEL.

Receive prompt, considerate service and sympathetic personal attention. This is one of the most stressful times in your life; you should choose an attorney's office that is sensitive to your situation and can provide you the guidance you need.

Call Now For a Free Consultation

Santa Rosa 707. 575. 3700 or 707.542.4200
San Francisco 415. 202. 0800
San Jose 408. 673. 8080

The Law Office of Reginald Hindley is able to provide a service to clients in California cities such as San Francico, San Jose, Petaluma, Rohnert Park, Novato, Sebastopol, Sonoma County, Napa, Windsor, Oakland, Fremont, Richmond, Vallejo, Sacramento, Marin County, Mendocino County, Lake County, Napa County, San Mateo, Solano County, Santa Clara County, Alameda County,

The Law Office of Reginald Hindley is a debt relief agency helping people file for relief under the Bankruptcy Code. 2012 Reginald R. Hindley Attorney at Law

Debt Relief Services

Sonoma County Bar Association

National Association of Bankruptcy Attorneys

The Bar Association of San Francisco

Disclaimer: Material on this site should not be considered legal advice and does not create an attorney/client relationship. All information contained on this site is of a general nature and may not apply in your particular circumstance or outside of the State of California

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Bankruptcy Blog and Reference Library

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Please browse the articles below for the latest bankruptcy related developments, which includes local updates, a blog from Reg Hindley and important insights into the bankruptcy process