Chapter 7Bankruptcy Lawyer San Diego

Our Chapter 7 Bankruptcy Attorneys in San Diego specialize in chapter 7 bankruptcy cases and are well-equipped to help you eliminate your debts and regain control of your financial future.

Chapter 7 bankruptcy is the most common type of bankruptcy case filed and can provide a fresh start by wiping out virtually all of your debts. With expert guidance from a San Diego bankruptcy attorney, the process can be fast and easy. However, without professional advice, cases can become complicated and lead to delays or even the loss of property. Our experienced attorneys have handled thousands of bankruptcy cases with great success, ensuring that our clients receive the relief they need and deserve.

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy, also known as a "fresh start" or "clean slate" bankruptcy, offers individuals the opportunity to eliminate their debts and begin anew.

By filing for Chapter 7, you can eliminate credit card debts, medical bills, payday loans, lawsuits, judgments, and unpaid balances on repossessions or foreclosures.

This process usually takes 3 to 4 months and allows you to keep all of your property. A Bankruptcy Trustee will review your paperwork during a "meeting of creditors" that you attend with your San Diego bankruptcy lawyer. Most people complete their cases quickly and successfully thanks to the Chapter 7 process.

Filing for Chapter 7 Bankruptcy

Individuals overwhelmed by debts often choose to file for Chapter 7 bankruptcy in order to eliminate debts they can no longer pay and obtain a fresh start.

However, there are certain limitations on who can file for Chapter 7. For instance, if you have received a discharge in a prior Chapter 13 case, you will have to wait 6 years from the date of the initial filing in order to file a later Chapter 7 case. The rules surrounding these limitations are complex, making it crucial to consult with a San Diego bankruptcy lawyer to determine if you qualify for Chapter 7 relief.

The Automatic Stay and Discharging Debts

Filing for Chapter 7 bankruptcy immediately invokes an "automatic stay," halting most creditor collection activities. This includes foreclosure, repossession, wage garnishments, lawsuits, and other lien enforcement actions. Utility services and welfare benefits cannot be cut off either.

The automatic stay acts as an injunction that creditors must respect. However, there are a few exceptions to the automatic stay, such as child custody and support hearings. Additionally, creditors may request the San Diego Bankruptcy Court to lift the automatic stay for property with liens or mortgages.

Chapter 7 bankruptcy discharges most, if not all, of your debts, including credit card debts, medical bills, payday loans, and more. However, there are certain debts that are considered "nondischargeable," such as child and spousal support, most student loans, recent debts incurred for luxury items, and tax debts due within the last 3 years.

Changes to Chapter 7 Bankruptcy

The 2005 amendments to the Bankruptcy Code introduced the Means Test, which determines eligibility for Chapter 7 bankruptcy. The Means Test applies to higher-income earners and considers their income, expenses, and family size to determine if they have enough disposable income to repay their debts.

If someone fails the Means Test, they may have to consider filing for Chapter 13 bankruptcy instead. However, it's important to note that there are minimum income thresholds and timing considerations that can still allow individuals to qualify for Chapter 7.

Seeking the assistance of a San Diego bankruptcy lawyer is crucial for navigating these complex eligibility requirements.

Property Protection and Choosing the Right Lawyer

Every bankruptcy case involves a Trustee appointed to represent creditors. Their duty is to liquidate assets if possible to pay off creditors. However, with proper planning and the assistance of a skilled bankruptcy lawyer, you can protect your assets using federal and California exemptions.

These exemptions allow you to retain certain categories and amounts of property. It's important to work with experienced bankruptcy lawyers who understand the complexities of exemption planning, as mistakes can lead to unprotected assets and other difficulties in your bankruptcy case.

The Bankruptcy Law Center has a team of dedicated bankruptcy lawyers and staff who are committed to providing the highest level of professional service to clients in San Diego. We have a proven track record of success and are ready to guide you through the Chapter 7 bankruptcy process, helping you regain control of your financial life. Contact us today at 1-(800)-551-7922 for a free consultation.

Choose the Right San Diego Bankruptcy Lawyer

When handled by highly experienced bankruptcy lawyers, your Chapter 7 bankruptcy process will seem fast and easy. You will certainly wonder why you had any anxiety at all about the process. But bankruptcy law is extremely complex. So don’t kid yourself.

The law requires your lawyers to make a series of critical determinations and judgments and to guide you through any tricky issues so that you receive your discharge quickly and efficiently. In addition, you’ll want to get your discharge and keep all of your property if possible. And if there is risk to any of your assets, you’ll want the best lawyers available to assess and explain the risk, to plan your case to address the risk, and to explain other options if Chapter 7 is not the best option for you.

We represent our clients with passion and zeal and we aggressively work to get you the relief you deserve. When searching for a “bankruptcy lawyer near me”, choose the best San Diego bankruptcy lawyers. Find out if Chapter 7 bankruptcy will work for you or if there are other options that will radically change your financial situation and put you back in control.

Call the Bankruptcy Law Center today to set up a FREE consultation at 1-(800)-551-7922. Don’t live the rest of your life buried in debt. Call today to set up a FREE consultation with one of our lawyers at (800) 551-7922.

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