Why should I hire an attorney?

An attorney that practices bankruptcy law will be able to troubleshoot and protect your assets appropriately while going through a bankruptcy process. The attorney you hire will also appear with you at your Meeting of Creditors.

Can I hire a paralegal to file a bankruptcy?

Yes, however, paralegals are not attorneys. A paralegal is able to process paperwork but not give out legal advice.

Is my credit ruined?

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 is 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.

Will I have to go to Court?

In most bankruptcy cases you only have to appear one time at your meeting of creditors. At this meeting, you meet a bankruptcy Trustee assigned to your case. The Trustee is there to verify who you are by reviewing your valid California picture identification and proof of your social security number. Your creditors also have the right to attend this meeting. Sometimes additional information is needed from the court, at this point you might have to appear again.

What types of debts are not dischargeable?

The following types of debts not dischargeable: any court or traffic fines, monies owed due to negligence and/or fraud, monies owed for Child Support or Alimony, Student loans, certain types taxes, debts not listed in your bankruptcy and any loans and/or credit cards you gave false information to.

What is the difference between a Discharge and a Dismissal in bankruptcy?

A Discharge indicates the bankruptcy case filed was completed and the case is concluded. A Dismissal indicates that a bankruptcy case was not completed, this happens for many reasons.

Can I keep my personal property?

You can generally keep most personal items while going through a bankruptcy process. You will need to provide information about your assets to your bankruptcy attorney (or preparer).

Can I keep my house?

You can usually protect your home in a bankruptcy. You will have to look very close at the current market value and know the balances of all loans/liens against your home. This will determine the type of chapter you may need to file.

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

You can file an individual bankruptcy. It is important to understand the individual who files the bankruptcy will have relief from the listed debts. However, any debts jointly held with your spouse will make the non-filing spouse liable on the joint debt(s).

What are your fees?

Our fees are set according to each case. The fees generally range from $1,200 to $3,200 for a typical case. Some cases involving real estate or a business may be higher. This is because each case has different issues to be handled. The fees include the service of speaking with your creditors, preparing and filing your bankruptcy petition, and appearing with you at your meeting of creditors. Fees can be set before you decide to retain our office. Please be advised, fees are set based on the initial information you provided to us. If issues arise that we were initially unaware of, your fees may increase. In addition to our fees, the court requires a filing fee to be paid, which fees vary depending on the chapter you file.

May I keep a credit card?

Legally you have to list all debts. It is up to the credit card company to keep you on 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 charges a filing fee for any amendments and our office will charge fees for preparing and filing the amendment.  Once your case is closed the court’s fees increase considerably as you have to reopen your file then file amendments.  Our fees for reopening a case and filing necessary documents start at $300

Is there another option besides filing for bankruptcy?

Our office mainly focuses on filing bankruptcies. However in some cases we are able to settle accounts. To be a candidate for settlements, you would need the funds available to pay a one-time, lump sum settlement, along with the abiltiy to pay for the attorney's fees. Although a settlement is never a guarantee, our office does its best effort to settle the accounts.

Will bankruptcy stop harrasing creditor calls?

Once your bankruptcy case is filed at the court you are assigned an official case number. This case number will be provided to your listed creditors through the mail. Once a creditor has been notified of your bankruptcy filing they legally have to stop contacting you.

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