Chapter 7 And Chapter 13 Bankruptcy Code Los Banos CA

If an individual finds that non bankruptcy alternatives are not feasible, a decision then must be then made between filing a Chapter 7 liquidation proceeding or a debt adjustment proceeding under Chapter 13.

Tina Amouei Nia
(818) 888-3222
20335 Ventura Blvd., Suite 103
Woodland Hills, CA
Specialties
Chapter 7, Personal Injury, Chapter 13
Education
Southwestern Univ SOL,California St Univ Northridge
State Licensing
California

Eva L Taylor
(877) 439-9717
100 N Barranca St Ste 250
West Covina, CA
Specialties
Chapter 13, Chapter 7, Bankruptcy
Education
New England SOL,Simmons Coll
State Licensing
California

Melissa Marie Mcdonald
(559) 222-0400
790 W Shaw Ave, Suite 205
Fresno, CA
Specialties
Chapter 7, Chapter 13, Bankruptcy
Education
UC Santa Cruz,Loyola Law School
State Licensing
California, New York

Mark Daniel Ankcorn
(619) 858-4736
525 B Street, Suite 1500
San Diego, CA
 
Kitty Jie Wen Lin
(510) 285-2500
1300 CLAY ST STE 500
OAKLAND, CA
 
Ann Nhieu Thi Nguyen
(510) 834-8777
1999 Harrison St Ste 660
Oakland, CA
Specialties
Criminal Defense, Family, Chapter 7, Chapter 13
Education
University of La Verne College of Law,Univ of California Santa Barbara
State Licensing
California

Kevin Michael Cortright
(951) 200-7505
27186 Newport Road, Suite 1
Menifee, CA
Specialties
Bankruptcy, Chapter 7, Chapter 13
Education
University of La Verne College of Law
State Licensing
California

Mark Dee Potter
(888) 991-7325
9845 ERMA RD STE 300
SAN DIEGO, CA
Specialties
Bankruptcy, Chapter 7, Chapter 11, Civil Rights, Chapter 13
Education
McGeorge SOL Univ of the Pacific,California St Univ Sacramento
State Licensing
California

Brooke Katrina Bryant
(916) 782-4529
108 Main Street
Roseville, CA
Specialties
Family, Bankruptcy, Chapter 7, Chapter 13
Education
UC Davis SOL King Hall,Univ of the Pacific
State Licensing
California

John Clayton Colwell
121 BROADWAY STE 336
SAN DIEGO, CA
 

Chapter 7 And Chapter 13 Bankruptcy Code

Individuals who have amassed large debts have many options. However, if an individual finds that non bankruptcy alternatives are not feasible, a decision then must be then made between filing a Chapter 7 liquidation proceeding or a debt adjustment proceeding under Chapter 13.

A Chapter 7 bankruptcy filing is best described as obtaining a discharge from debts (with some exceptions) while retaining some assets such as a home, household goods and an automobile as long as they do not exceed certain values determined by the U.S. Bankruptcy Code. Chapter 7 is consider a “liquidation” decision however if filed correctly and using the Bankruptcy Code to the best of your ability some assets can be retained while crushing debt is removed.

To be eligible to file a Chapter 7 bankruptcy the filer has to reside or be domiciled in the United States. In addition, they can not have been a debtor in a bankruptcy case in the 180 day period prior to filing the current bankruptcy case; they must receive counseling from an approved nonprofit budget and credit counseling agency prior to the filing and pass the “median family income” test. In order to receive a discharge in a Chapter 7 an individual may not have received a Chapter 7 bankruptcy discharge in the previous eight years or a Chapter 13 discharge in the previous six years.

The element which will fully determine if you can file a Chapter 7, is the “median family income” level. The individual or couple must review income made within the previous six months and average it out. If when the average income is measured against the “median family income” as stated in 11 U.S.C. 707(b)(7) and it falls below, then a Chapter 7 filing is appropriate. If the household income exceeds the “median family income”, then the individual or couple will be subject to the means testing. The means testing calculation takes the average amount of the income received during the six month period prior to the bankruptcy filing and subtracts it from the average monthly expenses. This determines the margin of excess income. Using this figure you determine if the excess income exceeds the margin allowed by 11 U.S.C. 707(2)(A)(i) and if you are eligible to file a Chapter 7 bankruptcy.

If you are unable to file for Chapter 7 due to the “median family income” level being too high and failing the means testing, then your other option is filing a Chapter 13. A Chapter 13 bankruptcy filing allows a person to seek protection of their property and develop a plan of paying creditors by making monthly payments to a Trustee under Court supervision. The plan can be for as little as 24 months or for as long as 60 months.

To be eligible to file a Chapter 13 bankruptcy the filer must reside in the United States, have a regular income, have unsecured debt less hand $336,900 and secured debt less than $1,010,650 and receive counseling from an approved non profit budge and credit counseling agency. In order to obtain a discharge in a Chapter 13 an individual must not have been granted a discharge in a Chapter 7 bankruptcy in the previous 4 years or been granted a Chapter 13 discharge in the last 2 years.

The primary advantage of a Chapter 13 filing over a Chapter 7 filing is that a debtor by paying a portion of his or her pre bankruptcy debts over the life of the Chapter 13 plan can obtain a discharge of the unpaid balances while retaining all of their asset, avoid foreclosure of a home and more debts are deemed dischargeable in a Chapter 13 verses a Chapter 7.

The disadvantages to a Chapter 13 verses a Chapter 7 is that the filer will have to pay something to unsecured creditors, a reduced amount against entire debt. However in a Chapter 7 filing it could result in a discharge from most or all pre bankruptcy obligations without any payments. Another disadvantage to a Chapter 13 is that a discharge will not be received until all payments required by the plan are done whereas a Chapter 7 debtor will usually receive a discharge in three to five months from filing.

It is essential that when trying to figure out if bankruptcy is the right option to contract an attorney to discuss the entire matter, review your current financial situation, determine what is most important to keep and let go and decide which is the best plan for their situation.

The forgoing article about bankruptcy choices was drafted by The law office of Goldstein and Clegg, LLC. More information can be found on their blog, http://www.goldsteinandclegglaw.com/bankruptcy_blog



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