#1 Ranked Bankruptcy Lawyers in San Diego


Searching for a bankruptcy attorney in San Diego who can help you navigate through your financial storm? Look no further. Our team of expert bankruptcy lawyers in San Diego bring over 100 years of combined experience to your aid, helping you rebuild a debt-free life.


Get a Free Consultation from the Top-Rated Bankruptcy Lawyers in San Diego

Are creditors constantly on your back? Struggling with overwhelming debt? Turn the tide with the help of our dedicated San Diego bankruptcy attorneys at the Bankruptcy Law Center. Renowned as the best bankruptcy law firm in San Diego by Google and Yelp reviews, our seasoned team has been guiding clients towards better financial stability for over three decades.
San Diego Bankruptcy Attorney On Your Side

Your Personal Bankruptcy Lawyer in San Diego: Guiding You Step by Step

Navigating through bankruptcy can feel overwhelming, but with a San Diego bankruptcy attorney from our team by your side, you’re never alone. We'll walk with you at every step, from evaluating your financial situation to negotiating with creditors.

With a San Diego bankruptcy lawyer from our firm, you can:

  • Halt debt collector harassment and manage wage garnishments
  • Prevent home foreclosure and protect essential property, cash, and vehicles
  • Reduce financial stress through strategic debt consolidation and lawsuit management
  • Navigate complex financial complications such as divorce and liens
  • Determine if filing for Chapter 7 or Chapter 13 is your best option
  • Begin a fresh financial future!

Specialized Bankruptcy Solutions for San Diego Residents

Our Bankruptcy Attorneys in San Diego have Over 100 Years’ Combined Bankruptcy Experience

Our talented team of bankruptcy lawyers in San Diego have decades of experience with bankruptcy law, litigation, and other related matters. Whether you face foreclosure, divorce, real estate or auto loan disputes, overwhelming debt, or other financial issues, our team of lawyers has dealt with it before and know exactly how to guide your through your best legal options.

Our Lawyers Understand The Difficulty

We understand that you are in a difficult financial situation and may not know how you can possibly afford a lawyer, but we are here to work with you so that should never hold you back from achieving financial freedom by escaping your debt. It’s worked for thousands of our clients and can work for you too.

Have questions about bankruptcy or our firm of bankruptcy attorneys in San Diego?

Legal Representation From the Best San Diego Bankruptcy Lawyers
San Diego Bankruptcy Attorney Attuned to Your Unique Needs

Choose The Best San Diego Bankruptcy Lawyers for Your Unique Needs needing debt relief

At Bankruptcy Law Center, we offer more than just Chapter 7 and Chapter 13 bankruptcy because filing for bankruptcy in San Diego is never your only option when you are experiencing financial difficulties. Each client’s strategy will be as unique as each client’s financial situation, and we are committed to crafting a unique legal and financial strategy that will work for you.

Since your own situation is 100% unique, the best way to assess your finances and weigh your options is with a free consultation with a bankruptcy lawyer in San Diego.

Ready for a Debt-Free Future? Contact the Leading Bankruptcy Attorneys in San Diego

San Diego Bankruptcy FAQ's

  • How much does a bankruptcy lawyer in san diego cost?

    The cost of filing bankruptcy in San Diego can vary depending on the type of bankruptcy you file. Chapter 7 bankruptcy can typically cost between $300 and $1,500 to file, while Chapter 13 bankruptcy can cost between $200 and $1,000. However, these costs may be lower or higher depending on the individual's case.

    Cost of Bankruptcy

    If you are considering filing for bankruptcy, it is important to consult with an experienced attorney who can help you understand your options and guide you through the process. Contact our law office for more information about the cost of filing bankruptcy in San Diego.

  • What is the difference between Chapter 7 and Chapter 13 bankruptcy in San Diego?

    The main difference between Chapter 7 and Chapter 13 bankruptcy is that in a Chapter 7, the debtor's nonexempt assets are liquidated to pay creditors, while in a Chapter 13, the debtor's debts are restructured so that he or she can repay them over time.

    Chapter 7 Bankruptcy

    In a Chapter 7 bankruptcy, the debtor gets a "clean slate" and is discharged from most of his or her debts. A Chapter 13 bankruptcy, on the other hand, allows the debtor to keep most of his or her property and to repay creditors over time.

    There are other important differences between these two types of bankruptcy as well. For instance, in order to file for Chapter 7 bankruptcy, the debtor must pass a "means test" that

  • What bankruptcy clears all debt in San Diego?

    Bankruptcy can clear all debt, but there are a few things you need to know about bankruptcy first.

    When you file for bankruptcy, the court orders a "bankruptcy discharge." This order eliminates most of your debts. However, not all debts are eliminated. Debts that cannot be discharged in bankruptcy include child support and alimony payments, some taxes, student loans, and court fines.

    Filing for Bankruptcy

    In most cases, filing for bankruptcy can provide relief from creditor harassment and give you a fresh start financially. However, it's important to remember that bankruptcy is a serious decision that should not be taken lightly. Speak with an experienced bankruptcy attorney at our san diego office to learn more about how filing for bankruptcy can help you get back on track financially.

  • What happens if you file for bankruptcy in San Diego?

    When you file for bankruptcy in San Diego, California, the court will appoint a trustee to oversee your case. The trustee will review your financial situation and make recommendations to the court on how to best repay your creditors. Typically, this involves liquidating some of your assets and using the proceeds to pay off your debts.

    In most cases, filing for bankruptcy can provide relief from creditor harassment and give you a fresh start financially. However, it's important to remember that bankruptcy is a serious decision that should not be taken lightly. Speak with an experienced bankruptcy attorney to learn more about how filing for bankruptcy can help you get back on track financially.

  • Do you have to pay back debt after bankruptcy?

    There is no one-size-fits-all answer to this question, as the decision of whether or not to pay back debt after bankruptcy will depend on the particulars of your case. However, in general, you will likely be required to pay back at least some of your debt after declaring bankruptcy.

    If you have significant assets that can be used to repay your debts, you may be asked to do so. In other cases, a repayment plan may be put in place that allows you to gradually pay off your debts over time. It is important to speak with an experienced bankruptcy attorney if you are considering declaring bankruptcy, as they will be able to advise you on what is likely to happen in your specific case.

  • How do you know if bankruptcy is right for you?

    Bankruptcy is a big decision, and it's not something to take lightly. The most important thing to keep in mind is that bankruptcy is a last resort, and you should explore all other options before making a final decision.

    Some factors to consider include: your total debt load, your ability to make payments each month, whether you have any assets that could be liquidated, and whether you have any major upcoming expenses (like car repairs or medical bills).

    If you decide that bankruptcy is right for you, there are two main types of bankruptcy to choose from: Chapter 7 and Chapter 13. Chapter 7 is the more common type, and it involves the liquidation of most of your assets in order to pay back your debts. Our San Diego Bankruptcy Experts can help guide you through the entire process of choosing which bankruptcy is right for your situation.

  • How do I find a good bankruptcy lawyer in my area?

    A good bankruptcy attorney should be experienced, knowledgeable and established. All attorneys only deal with attorneys and attorneys also need to deal with courts and creditors, so it's best to look for bankruptcy attorneys with a good track record in dealing with these people.

    Online Reviews for Bankruptcy Attorneys

    You should also look for bankruptcy attorneys with good reputations. You can find the good and the bad attorneys online by looking for their reviews and testimonials. You can also ask your friends and family members if they know any reputable bankruptcy attorneys.

  • How Long Does a Bankruptcy Case Take?

    Every bankruptcy case is unique, and it is difficult to predict exactly how long your bankruptcy case will take. The amount of time a bankruptcy case takes from start to finish depends on which type of bankruptcy you filed for and your unique circumstances.

    These factors can either hasten or delay bankruptcy proceedings. Typically, chapter 7 bankruptcy takes less time than chapter 13 bankruptcies, which are more complex and usually last between three and five years.

    If you are a business owner filing for chapter 11 bankruptcy, the process will likely be complicated and time-consuming. 

    How Long Do Chapter 7 Bankruptcy Cases Take?

    Chapter 7 bankruptcies are called liquidation bankruptcies because they involve liquidating your assets to pay off your creditors. People with high debt and limited income typically file for chapter 7 bankruptcies.

    For most people, a Chapter 7 bankruptcy will take around four to six months to be completed. The first step in filing for a Chapter 7 bankruptcy involves filing a petition and listing all your assets, debts, and information about your creditors.

    You will need to meet with the trustee assigned your case, complete a meeting with your creditors, and give your trusty time to sell your assets and pay off your creditors. If the trustee needs more information from you, the bankruptcy process will take longer.

    How Long Do Chapter 13 Bankruptcy Cases Take?

    Once your petition for chapter 13 bankruptcies is filed, you will need to work with your bankruptcy trustee and create a plan to reorganize your debt. This process will involve consolidating your debts and creating a payment schedule.

    The bankruptcy trustee will supervise your repayment plan. You will make a lump sum payment to the trustee every month, and the trustee will pay your creditors and turn.

    There is typically more detail involved in a Chapter 13 Bankruptcy than in a Chapter 7 bankruptcy. Chapter 13 bankruptcies last longer because it usually takes between three and five years to repay debt. 

    How Long Do Chapter 11 Bankruptcy Cases Take?

    Businesses struggling to stay open and pay their debts may benefit from filing a Chapter 11 bankruptcy. Chapter 11 bankruptcy gives business owners some time to get back on their feet financially.

    Individuals can also file for Chapter 11 bankruptcy, but this is rare. A Chapter 7 bankruptcy goes fairly quickly, but a Chapter 11 bankruptcy typically involves multiple hearings. The principals will need to be prepared to testify for these hearings. As a result, Chapter 11 bankruptcy can be drawn out for a year or more.

    Contact a Skilled San Diego Bankruptcy Lawyer

    Do you have questions about filing for bankruptcy, including how long it will take before your bankruptcy is finalized? If so, the experienced lawyers at Bankruptcy Law Center are here to help. Contact our San Diego Bankruptcy Law Firm today to learn more about how we can help you get a fresh financial start.

  • Why Do Most People Declare Bankruptcy? 

    In many cases, bankruptcy is not caused by overspending or recklessness. Filing for bankruptcy is often seen as a negative option for people who cannot manage their money. On the contrary, many people file for bankruptcy or hard-working individuals who simply cannot afford to deal with major and expected expenses such as medical bills or job loss. Additionally, bankruptcy filings usually increase whenever there is an economic downturn. We will discuss some of the most common reasons people file for bankruptcy in the United States.

    Divorce and Legal Separation

    Going through a divorce can be traumatic on many levels, including emotionally and financially. When two spouses get divorced, their income is divided. Many couples will go through a period of legal separation. The expensive setting up another home, such as paying another rent payment or mortgage, can hurt the couple’s financial situation. They will also incur legal fees, which can be extremely high depending on the divorce. 

    The longer the divorce lasts, the higher the legal fees and costs. The couple will need to deal with the division of their marital assets, spousal support, child support, and/or alimony. Finally, they will need to deal with the ongoing cost of maintaining two separate households after the divorce. 

    Medical Bills Due to an Illness or Disability

    Severe illness or injury can happen to anyone at any time. It only takes car accidents or diagnoses to result in hundreds of thousands of dollars in medical bills. Although many Americans have health insurance, they may still have to pay expensive premiums. A patient's treatment may not be covered by their insurance, costing them thousands of dollars in additional fees. Due to the high cost of hospital stays, surgery, and medication, one illness or ailment can devastate a person financially, making it necessary to file for bankruptcy.

    Job Loss or Reduction in Income

    The coronavirus pandemic has caused a volatile job market and economy. Many people have been laid off or had their hours cut unexpectedly. Before the great recession, most people filing for bankruptcy had lost their incomes due to unemployment. This group of bankruptcy filers ranged from around 35% of all filers. That figure got as high as 42% of all bankruptcy filers in the middle of the great recession. Currently, over half of Americans have less than three months’ worth of expenses saved in their emergency fund. 

    Out of every four Americans do not have an emergency fund at all, up from 21% of Americans in 2020. Only one out of every six Americans reported having more cash saved today than before the pandemic. 34% of people say they have last money in their savings account, as I did before the coronavirus pandemic. The lack of emergency fund savings can be devastating for people who experience job loss. Many Americans cannot survive two to three months without a job, and they are living paycheck to paycheck. If they lose their job or have their income reduced in any way, they may not be able to pay their bills. Filing for bankruptcy can be one of the best options to protect themselves and their savings.

    Job loss is due to a disability or medical illness in some cases. When an employee loses their job, the employee will also lose health insurance coverage. The employer needs to pay for intermediary COBRA insurance that will drain the job seeker’s limited financial resources. Those who cannot find another job for an extended time frame may not be able to recover from their lack of a steady income to keep their creditors satisfied. Most employees do not receive any type of severance package to help tide them over. 

    Unexpected Emergencies

    Many people who need to file for bankruptcy do so because of an unexpected expense. They may have experienced property loss due to theft or natural disaster. Floods, tornadoes, and earthquakes can all place someone who was otherwise financially stable into an unstable situation. For example, many homeowners do not know that they have to take out separate insurance coverage for some types of natural disasters such as earthquakes. People who do not have coverage can lose their homes and most of their possessions. They will run through their emergency funds quickly by merely paying for temporary shelter.

    Consumer Overspending

    Approximately one-quarter of people who file for bankruptcy say that they have overspent and abused credit cards and consumer debt, leading them to seek bankruptcy protection. Poor personal finance choices have played a significant role in bankruptcy filings for any consumer-driven economy. As mentioned above, the market has become more volatile due to shutdowns in the coronavirus pandemic. 

    Many people have used credit cards to get them through the end of the month and pay their bills. Once they are a significant amount of money to the credit card company, it can be difficult to continue paying their credit card bills and other bills. The consumer debt begins to snowball. Filing for bankruptcy can be one of the best options for people with a significant amount of consumer dad to seek help.


    Americans have become increasingly dictated to opioids. Approximately one out of every hundred bankruptcies result from some type of addiction, whether it is substance abuse or gambling. Alcoholism is another common cause of financial destruction. We suspect that the number of people who file for bankruptcy due to addiction is higher than we know because many people do not self-report. For example, for gambling addicts, the number of bankruptcy cases likely ranges up to 10%. Even when people try to get help for their addiction, they can suffer devastating financial consequences. Many insurance companies do not cover stays in rehabilitation facilities, requiring people to pay out of pocket.

  • What are the Alternatives to Filing for Bankruptcy?

    Filing for bankruptcy can help you achieve a fresh financial start. Although there is still a stigma around bankruptcy, many people have been able to file for bankruptcy, recover a good credit score, and go on to make smart financial decisions in the future. Nonetheless, filing for bankruptcy is a serious decision. It can reduce your credit score and make it more difficult for you to borrow money or make finding a job or housing more challenging. Before you file for bankruptcy, understanding alternatives to bankruptcy can help you make sure you are making the right decision for yourself and your future. There are several alternatives to filing for bankruptcy that may be valid options for you.

    Debt Settlement

    Whether you use a debt settlement company or try to negotiate yourself, you may be able to agree with your creditors to pay less. Depending on your circumstances, you may be able to pay considerably less than the debt you owe. The debt collector or creditor needs to be willing to accept partial payment from you in exchange for settling the total balance to achieve a fair settlement. You will need to be in default to pursue debt settlement. 

    Usually, creditors will not forgive part or all of your debt if you make the minimum monthly payment. However, if you are in default or file for bankruptcy, creditors may cut their losses and be willing to strike a deal. You should only pursue settlement for debts you have stopped paying. Meanwhile, continue making minimum monthly payments on the debts you can afford. You may want to consider working with a bankruptcy attorney who can negotiate a settlement agreement for you.

    Taking Out a Debt Consolidation Loan

    A debt consolidation loan is a loan that combines all of your debt into one payment. Instead of having to deal with multiple payments, you will only have to deal with one monthly payment. Suppose you have five credit cards with $5,000 each on them. You owe $25,000 in debt. Your average interest rate is 20 percent. With a debt consolidation loan, you may lower monthly payments and lower your interest rate to 15%-16%. The terms you will be able to get through that consolidation depend on multiple factors, including your credit and how much you want to combine your debt. Don’t worry about your credit score or report. Debt consolidation usually will not lower your score. You should keep in mind that there are predatory debt consolidation companies that will try to take advantage of you or could even be engaging in nefarious activities.

    Debt Management Through 

    Debt management allows you to collaborate with a debt consolidation or credit counseling company to help you manage your debts. You will pay through the debt management company, which will try to negotiate the debt interest rate for you. You may be able to waive certain fees that will help you put money toward your monthly payment. A debt management agency will look through your debt and determine the amount it will take for you to pay off your debts within a certain time frame, usually three to five years. You will begin making payments to the company that will pay the creditors on your behalf. Many debt management agencies take advantage of customers, so it’s important that you understand the agreement you are signing before you sign it.

    Refinancing Your Mortgage

    The mortgage payment is the most significant debt and the largest monthly payment they owe for many. It may be possible for you to refinance your mortgage to save hundreds of dollars a month that you can put toward paying off your debt. In the mortgage refinancing process, the homeowner acquires a new mortgage loan that replaces their previous loan. For example, suppose you owe $300,000 on your mortgage, but the value of your home is now $600,000. You have $300,000 in equity. If you refinance your mortgage, you could use the extra cash to pay off your debt. However, your monthly payment may also be higher. For example, suppose you are 10 years into a 30-year loan. If you refinance, you will be back on a 30-year loan.

    Home Co-Investment

    Beware exemptions protect your assets from being liquidated in a Chapter 7 bankruptcy. When you are considering filing for bankruptcy, one of the challenges could be that your home has equity above California’s bankruptcy homestead exemption. For example, if your home equity exceeds the exemption limit and you file for chapter 7 bankruptcy, you could risk losing your home. If you file for chapter 13 bankruptcy, your payment plan could be too expensive. 

    You may be eligible to obtain a reverse mortgage. These challenges make it difficult for many people to file for bankruptcy. There is something called co-investment in which a company will invest in your home for a share of your home’s equity. When you sell your home, you will get some of the equity, but the co-investor will also yield a profit. 

    One of the benefits of using this program is to access the equity in your home in a debt-free way. Not all homes are eligible, and you should consider the pros and cons of this option before you do it. A downside could be that a lien is placed on your house. Make sure you understand how long you will have to share the equity back with the company and how much Equity you would be required to share with them if you sell your home.

    Paying Off Debt

    Before you file for bankruptcy, you should consider whether you can pay off debt yourself. Many phone apps can help you get out of debt faster. The snowball method, which starts by listing all deaths from smallest to largest, is a popular debt repayment method. They begin paying off the small debt and then making their way to the largest. Watching debts as they are paid off can be motivating. You may want to consider working with a financial planner who can help you make a strategy to pay off your debt.

  • What if I Do Not Qualify for Chapter 7 Bankruptcy?

    If you are considering filing for Chapter 7 bankruptcy, you will need to pass a means test before applying. The means test looks at your income and expenses to decide if you can repay enough of your unsecured debts to your creditors. If you can pay enough of your debt on your own without filing for bankruptcy, you will not qualify for a Chapter 7 bankruptcy. What happens if you want to file for Chapter 7 bankruptcy but do not need the means test? There are several different options available to you.

    Review the Means Test for Accuracy

    If you calculated the means test on your own, we recommend requesting assistance from a lawyer. A bankruptcy lawyer can review your case and help you determine whether you failed the means test or whether a mistake caused you to fail. The means test is one of the most complicated forms debtors need to complete in the bankruptcy process. As a result, making mistakes is common. Some of the most common mistakes include the following:

    •  overestimating your income

    •  using the wrong household size

    •  underestimating or missing important deductions that you are left to take

    Delay Your Filing if You Can Pass the Means Test Later

    When you complete the means test, it will request information about your average income for the six months before you filed for bankruptcy. If your situation has changed in the last six months, the means test may not accurately reflect your financial circumstances. For example, if you lost your job or received a pay cut, waiting a few months to retake the means test would lower your average income and could allow you to qualify for a Chapter 7 bankruptcy.

    File for Chapter 13 Bankruptcy Instead

    If you have availed yourself of the options listed above and you still cannot pass the Chapter 7 means test, it is time to consider filing for Chapter 13 bankruptcy. In a Chapter 13 Bankruptcy, you will work with the bankruptcy trustee to develop a plan for how you can repay a portion of your debts over a three to five-year time frame. The trustee will consider your income, expenses, and non-exempt property to determine the amount of your monthly payments. 

    Most debtors only end up paying pennies on the dollar toward their unsecured debt, such as medical bills and credit cards. Even if you were not eligible to file for Chapter 7 bankruptcy, filing for a Chapter 13 Bankruptcy could significantly help you. 

    Contact a San Diego Bankruptcy Lawyer

    If you would like to discuss the options available to you, the best thing you can do is discuss your case with a bankruptcy lawyer. The best thing you can do is discuss your case with a bankruptcy lawyer. Our experienced lawyers have helped many San Diego residents file for bankruptcy at Bankruptcy Law Center and began a fresh chapter of their lives. Contact us today to schedule your free initial consultation.

  • What Can You Not Do Before Filing For Chapter 7 Bankruptcy?

    When you are unable to pay your bills, it can be tempting to do whatever you need to do to take care of the problem and alleviate the pressure. If you have creditors calling you and harassing you, you may be willing to do just about anything to get them to stop. However, taking the time to speak to a bankruptcy lawyer can help you plan out your steps and ensure that you do not make a costly mistake before you file for Chapter 7 bankruptcy. Your bankruptcy case will go more smoothly with a little bit of planning. 

    Mistakes to Avoid Before Filing for a Chapter 7 Bankruptcy

    If you are considering filing for bankruptcy, it can be easy to make accidental errors that could hurt your bankruptcy case in the long run. Here are a few different actions you should not take before you file for a Chapter 7 bankruptcy:

    • Transfer property or money

    • Only make payments to your favorite creditors and not to others

    • Buy unnecessary items using a credit card

    • Make unusual bank deposits that will create a red flag

    • Initiate unnecessary lawsuits 

    • Prepare bankruptcy paperwork incorrectly or carelessly

    • Take cash advances on your credit card

    • Purchase luxury services 

    • File for bankruptcy before you receive a valuable asset, such as an inheritance

    • Failed to file your tax returns

    • Use your retirement funds unnecessarily

    • File for bankruptcy at the wrong time

    Do Not File Too Soon or Too Late

    Taking the most opportune time to file for Chapter 7 bankruptcy is important. You are only allowed to receive a discharge of debt so often. For example, you can only receive a discharge of debt through a Chapter 7 bankruptcy once every eight years or once every six years after you filed a Chapter 13 bankruptcy. It is a good idea to examine whether now is the best time to file for bankruptcy.

    On the other hand, it is crucial that you do not wait too long to file for Chapter 7 bankruptcy. Many people put off filing for bankruptcy because of the uncertainty, and due to concerns, they will not be able to pay their bills. Sometimes it is in your best interest to file for bankruptcy quickly. For example, if a creditor has already garnished your wages or filed a lawsuit against you, filing for bankruptcy could be adventitious before the case goes to judgment. 

    Once a creditor wins a money judgment against you, they will have the right to garnish your wages, repossess your car, foreclose your house, and attach your bank accounts. Filing for bankruptcy before they can do so can help you significantly.

    Contact a San Diego Bankruptcy Lawyer

    Are you considering filing for bankruptcy, but you are not sure whether now is the best time? If so, we recommend discussing your case with the experienced bankruptcy lawyers at Bankruptcy Law Center. We will carefully review your case and help you avoid making common mistakes before you file for bankruptcy. We will also advise you of the best time to file for bankruptcy. 

  • What Will I Lose if I File for Bankruptcy?

    At the Bankruptcy Law Center, we have helped many California residents successfully file for bankruptcy and start a new chapter of their lives. When clients meet with us, one of their main concerns is about losing their property. There is a common myth or misconception that the court will take everything you own, including your home, car, and even your furniture, when you file for bankruptcy. In truth, in most bankruptcy cases filed by individuals, the court does not take most of their property. Instead, applicants can use bankruptcy exemptions to exempt an asset from being taken by the bankruptcy court.

    How Do Bankruptcy Exemptions Work?

    When an applicant files for bankruptcy, the bankruptcy court appoints a trustee. The trustee will review the person’s property. When appropriate, the trustee has the authority to sell the assets for the benefit of the person’s creditors in a Chapter 7 bankruptcy. However, debtors who submit a bankruptcy petition have the right to protect their assets. Debtors can claim that certain assets are exempt from the bankruptcy process to protect them. 

    You may be wondering how much property you can exempt in California. The type and amount of property you can exempt is generally determined by the state in which you live. In California, many debtors can use exemptions to keep their homes, automobiles, and some of their other assets. Remember, exempting property does not mean that you will own the property free and clear of any debt. 

    For example, if you owe money on your car loan or through a mortgage on your property, you will still be required to keep paying those bills after your bankruptcy to keep the property. Typically, this process is done through a reaffirmation agreement. The debtor signs an agreement agreeing to keep paying for the collateral after submitting the bankruptcy petition.

    What if Property Cannot be Exempted?

    When a person filing for bankruptcy owns more property than he or she can exempt, it is crucial that the debtor work with a lawyer to develop a strategy. If the debtor is filing for a Chapter 13 Bankruptcy, they can work with a lawyer to formulate a plan to pay creditors over a three-to-five-year time frame. Filing for a Chapter 13 Bankruptcy as an individual does have certain advantages. 

    Instead of your non-exempt assets being liquidated to pay your creditors, you will be able to create a repayment plan and keep your assets. As long as you keep making your payment, you will be able to keep your assets. While you are making payments, you will also enjoy the protection of the bankruptcy court.

    Discuss Your Case With a San Diego Bankruptcy Lawyer

    If you are curious about filing for bankruptcy but you are afraid of losing your property, we recommend scheduling an initial consultation. At the Bankruptcy Law Center, we will walk you through your options and carefully listen to your goals to create the best strategy possible. Contact us today to schedule your initial consultation.

  • Will Bankruptcy Affect My Rental Agreement?

    If you were considering filing for bankruptcy, you might be concerned about whether you will be able to continue renting your home or apartment. It may be challenging to purchase a home during a Chapter 13 bankruptcy or a Chapter 7 bankruptcy. Still, you should be able to rent an apartment or home. Renting during and after bankruptcy can be challenging, as well, however.. In some cases, people will resolve this concern by entering into a new rental or lease agreement before filing for bankruptcy. 

    In other cases, a person may need to move into a new home while in a Chapter 13 bankruptcy or soon after their debt has been discharged. If you have questions about renting while going through bankruptcy, we recommend contacting one of the experienced Chapter 13 bankruptcy attorneys at Bankruptcy Law Center.

    How Do I Rent During a Chapter 13 Bankruptcy?

    Without approval from the bankruptcy court during a Chapter 13 bankruptcy, you cannot go into debt. However, a lease or rental agreement for an apartment or a home is not considered a loan agreement. You are promising to pay money each month to live in a house or apartment. You are not borrowing money through a mortgage. As a result, you will not need to get court approval to enter into a new lease or rental agreement. In other words, you are not borrowing money, so you do not need court approval to secure yourself a living space. You should consider a few different things while renting during a Chapter 13 bankruptcy case, however.

    First, you should talk to your bankruptcy attorney. Court rules may require you to notify your Chapter 13 trustee before you enter into your new lease agreement. Ensure that your bankruptcy attorney has your new address whenever you move during a Chapter 13 case. It is essential that you ensure that you receive all notices and correspondence from your bankruptcy attorney, the Chapter 13 trustee, and the bankruptcy court.

    Try to Keep Your Housing Expenses the Same

    It is also important that you try to keep your housing expenses the same or lower, if possible. Suppose you change your housing expenses by moving into more expensive or less expensive housing. If you plan on signing a new rental agreement and your housing costs will decrease or increase, talk to your bankruptcy attorney as soon as possible. The Chapter 13 bankruptcy process itself will not impact any obligations created by your current or new lease. Suppose you sign the lease after entering a Chapter 13 bankruptcy. In that case, the bankruptcy case will discharge your liability for any missed payments. However, if you break the lease, you will still be liable to your landlord for any damages caused by the breach of contract.

    Renting After Filing for a Chapter 13 Bankruptcy

    Renting after filing for a Chapter 13 bankruptcy can be difficult. Many landlords will run a credit check on an applicant before entering into a rental or lease agreement. The purpose of running a credit check is to see how the applicant handles his or her money. Their credit check will show whether they make debt payments on time, have any bankruptcies, foreclosure, or debt collections on their credit report. Your bankruptcy will show up on your credit report for up to 10 years after filing. It is essential to be honest and upfront with a potential landlord. Remember, the landlord will find out about the bankruptcy, so discussing it upfront is typically the best way to handle the situation.

    Suppose you have a bankruptcy on your credit report. In that case, you should be prepared to pay a higher security deposit fee. Some landlords will also require you to pay your first and last month’s rent and impose strict penalties for late payments. If any extenuating circumstances led to your bankruptcy, such as a sudden illness, job loss, accidental injury, or even the loss of a spouse, try to explain the circumstances to your landlord. If you have made the most of your fresh start after filing a Chapter 13 bankruptcy, try to keep your bills current, so your landlord can see that you have made a change after filing for bankruptcy. Many landlords understand that we are in a challenging economic climate. 

    Tips for Renting a House After Bankruptcy

    You may be interested in renting a home after a Chapter 13 bankruptcy. Finding a landlord willing to rent a home to you may be more difficult after a bankruptcy, but it is possible. We recommend asking questions before submitting your application to avoid wasting your or the landlord’s time. Ask the landlord whether he or she will rent to a person who has a recent bankruptcy before applying. If the landlord has a policy of not renting to people who have just completed bankruptcy, do not waste your money and time applying for nothing. 

    It is also wise to provide a letter from your employer confirming that you are indeed employed and providing your pay rate. You may include a list of your previous employers with the dates of employment. If you do not have any gaps in your employment history, the landlord may be more likely to allow you to rent from them. Sometimes people will also include a letter explaining why they had to file for bankruptcy and how they have made a fresh start and changed their habits for the better. 

    If you are having difficulty finding a landlord who will rent to you, consider searching out individual property owners who are not working within the constraints of corporate policies. A private landlord may be more willing to listen to your situation and make a case-by-case decision. You should also have your references ready, try to improve your credit score, and provide your rental history. You may want to include your rental history and consider having someone ready who will co-sign your rental agreement.

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I reached out to BLC to help assist with a chapter 7 business bankruptcy and they provided excellent guidance, advice, and support through the entire process. In my case an adversarial action was filed by one of the creditors and attorney Ahren Tiller and his staff provided sound ...arguments which prevailed. Couldn’t have found a more experienced and supportive team to represent me in a tricky situation. I would highly recommend them to anyone making the difficult but sometime necessary decision to find financial relief. Read more
Yelp Review

Justin R.

Like many others before and during the pandemic, life happenings caused me to be in a financial situation to warrant bankruptcy. The BLC was super professional all the way through the entire process. Right after I paid for my Bankruptcy, I got sick and had to have surgery and recovery. Then we ...were in full Pandemic mode. They were gracious to delay my filing until I was recovered and ready to file. I could not ask for more. The process was over all quick and painless for a simple Bankruptcy like mine. I feel a weight has been lifted and I can rebuild. Thank you for all your arduous work and patience, Gabriel, Ahren, and their teams are knowledgeable and efficient. Read more
Google Review

Katey Huntley

Responsive, friendly, kind, extremely easy to work with! So knowledgeable and made this entire process painless. Very grateful!

Google Review

Lynn Molina

Gabriel Hanna, Esq and the staff at BLC helped me in a very difficult time. I appreciate all the help and care they gave my case.

Google Review

Linda Cramer

I can’t say enough of how much this bankruptcy law firm helped me with my financial situation. They were all so helpful, efficient and made the difficult time and process as quick and easy as possible. I would recommend them to anyone I know and am glad to give my public recommendation as well. T...hey truly deserve a five star plus rating. Read more
Yelp Review

Andrea N.

I am very happy with my experience with BLC. Bankruptcy is not something anyone wants to go through, however everyone at BLC made my experience pleasant and easy. The process was explained thoroughly and I had an easy time reaching out and connecting with my attorney. Anika Renaud-Kim was my attorney ...and she was nothing short of amazing! She was very patient and generous with her time. Ms. Renaud-Kim definitely made me feel at ease and comfortable through the entire process. Read more
Facebook Review

Lidia Paramore

they did a great job for me, helped me anytime I needed something, my Lawyer Gabriel Hanna is the best, gave lots of confidence all the time..thanks BLC I will.always recommend you, I’m very grateful for your service!!!

Yelp Review

Rachael C.

When searching for information I had called a few different firms and received consults. BLC was the only one who didn’t shy away and provided answers and information during the consult. Once I agreed to move forward, they were supportive, informative, and eased my anxiety through the whole process.... I can’t recommend them enough. Read more
Google Review

Emily Martinez

AmazingI had many questions and uncertainties and the carefully explained it all and made it easy to understand. They facilitated a fast and easy process making this scary difficult thing simple

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Legal Disclaimer: The Bankruptcy Law Center is a California Licensed law firm with attorneys licensed in the state of CA, NY. Attorney Ahren Tiller is responsible for this advertisement. Bankruptcy Law Center’s principal office is located at 1230 Columbia st. Suite 850 San Diego, CA 92101. Prior results listed on this site do not depict or in any way infer a prediction or outcome.We are a debt relief agency proudly providing options to people with financial problems. View our Privacy Policy