What is the cost of hiring a bankruptcy attorney in San Diego?

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. 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. 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.

Which type of bankruptcy can clear all my debts 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. In most cases, filing for bankruptcy can provide relief from creditor harassment and give you a fresh start financially. Speak with an experienced bankruptcy attorney to learn more about how filing for bankruptcy can help you get back on track financially.

What should I expect after filing 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. Speak with an experienced bankruptcy attorney to learn more about how filing for bankruptcy can help you get back on track financially.

How can I find a reputable bankruptcy lawyer in San Diego?

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. 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.

What options do I have if I do not qualify for Chapter 7 bankruptcy in San Diego?

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. There are several different options available to you such as reviewing the means test for accuracy, delaying your filing, or considering Chapter 13 bankruptcy instead. It's advisable to consult with a bankruptcy lawyer to discuss your options further.

How Will Bankruptcy Affect My Mortgage?

Ahren Tiller

October 7th, 2021

If you are like the many Americans considering filing for bankruptcy, you may be wondering what will happen to your mortgage. For most of us, our homes are our most significant investment. It is where we spend time, raise our families, and the thought of losing our homes is devastating. A major concern for many homeowners in San Diego is whether they will lose the roof over their heads if they file for a chapter 7 or chapter 13 bankruptcy. The good news is that your mortgage company is not allowed to raise your interest rates or change your loan as a penalty for filing for bankruptcy. However, there is a relationship between bankruptcy and your mortgage that we will discuss below.

Mortgages and Chapter 7 Bankruptcies

Chapter 7 bankruptcy is known as liquidation bankruptcy. The bankruptcy trustee will sell most of the debtor’s property to pay creditors. If you file for a Chapter 7 bankruptcy in California, you will likely be able to keep your home. However, you will need to continue making your mortgage payments on time. If you would like to abandon your home, you have the choice of stopping your mortgage payments. The Chapter 7 bankruptcy will discharge your Mortgage Debt related to your home loan at the end of the bankruptcy. You will lose your house, but you will not have to make any more payments, and you will not be on the hook for missed payments. In other words, you can include your mortgage in a Chapter 7 bankruptcy.

Mortgages and Chapter 13 Bankruptcies

A Chapter 13 Bankruptcy is more like a structured repayment plan than liquidating all of your debts. In a Chapter 13 bankruptcy, you will be required to work with the trustee to file a plan for how you will repay your creditors. Typically this plan will last between three and five years. Chapter 13 Bankruptcy plants do not affect your home mortgage. You can file for chapter 13 bankruptcy in San Diego and keep your home. As with a Chapter 7 bankruptcy, you must continue to make your mortgage payments during and after the bankruptcy process. There will be no discharge of mortgage debt after a Chapter 13 bankruptcy is finalized.

If you were behind on your mortgage payments, you could choose to pay your mortgage late well in a Chapter 13 bankruptcy. You can also choose to include the amount in arrearage into your Chapter 13 debt repayment plan. In some cases, you may have the option to reaffirm your mortgage debt to avoid losing your home in a Chapter 13 bankruptcy. You will still need to continue making your payment, but your lawyer can communicate with the lender and attempt to execute a new document that confirms your intent to keep paying.

Contact a San Diego Bankruptcy Lawyer

If you have questions about how filing for bankruptcy will affect your mortgage, the best thing you can do is discuss your case with a skilled lawyer. Contact the Bankruptcy Law Center today to schedule your free initial consultation.

See What Our Clients Have To Say