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Financial security is a goal that we all strive to achieve. Having a steady flow of income to pay your monthly bills, save for retirement, and splurge on vacations would be an absolute dream for anyone. However, this journey to obtain financial freedom is rarely easy as there are many obstacles that can block your path towards this goal. One major road bump experienced by many individuals is bankruptcy. This is a term that no one wants to hear on their journey to financial bliss, but for many, this option is unavoidable when the mountain of debt becomes too difficult to climb.
When you find yourself in a situation where bankruptcy is the only option, contact the professionals at the EH Law Group. We are a trusted Daly City bankruptcy attorney and can help you navigate this complex process.
Bankruptcy is a legal process available to all individuals or businesses that are unable to repay their outstanding debt.
Successfully filing for bankruptcy will allow debtors to discard or make special arrangements to repay their existing debt.
Before deciding to proceed with filing for bankruptcy, it’s critical you review your financial situation to confirm this is the best option. In some cases, your situation may only be temporary and an expected infusion of income may be enough to repay your debt and improve your financial situation. But for others, this may be more of a long term situation where bankruptcy may be the only option.
There are several very important steps that need to be followed prior to filing for bankruptcy. These steps are noted below.
These steps are just the beginning in preparing for your bankruptcy petition. Depending on the bankruptcy type you intend to file, there are other steps that must be followed. Judging by these few steps mentioned above, it would be beneficial to seek legal advice from the EH Law Group to ensure this process will go as smoothly and efficiently as possible.
This is by far the most known and common type of bankruptcy for individuals or businesses. Chapter 7 bankruptcy is sometimes known as the “liquidation bankruptcy” and it discharges most of your unsecured debt including medical bills, credit cards and personal loans.
Once your petition is filed, the courts place an automatic temporary stay on your current debts. This prevents creditors from collecting payments, repossessing property, garnishing wages, or foreclosing on your home. The courts will appoint a bankruptcy trustee who will oversee your case. Some of the trustees’ responsibilities include selling your nonexempt property to pay your creditors and facilitating any meetings with you and your creditors. It is critical to have your paperwork properly prepared to exempt all of your assets as allowed under the law.
In general, it only takes approximately 90 days to complete this bankruptcy process and discharge your debt. However, there are other types of debt which can’t be discharged by filing Chapter 7 including, child support, most student loans, court fees, alimony, and some tax debts.
For those individuals who have a steady income but may not have enough to satisfy all demands for immediate payment of their debt, filing Chapter 13 would be the best option. This option allows for individuals to reorganize unsecured debt with a repayment plan. This is also a great option for anyone behind on their mortgage and car payments, not just credit cards or medical bills.
Under Chapter 13, you have the chance to avoid any foreclosures or car repossessions by consolidating your debt into a payment plan to be paid out over the course of a few years. Like Chapter 7, a trustee is appointed to your case who acts as your main point of contact. There are income restrictions that are required to successfully file for Chapter 13. You must prove there is enough income to consistently meet your payment obligations for the consolidated plan, as well as continue to make monthly payments on your mortgage and other secured debts.
Although these are two of the most popular bankruptcy proceedings, there are other bankruptcy options (Chapter 9, Chapter 11, Chapter 12, Chapter 15) available depending on the debtor status and reasons for filing. A consultation with a legal representative can provide further details on these other options and whether they fit your situation.
Moving forward with bankruptcy is most certainly not an easy decision. The most important question is whether this decision is even the right thing to do in your current situation. Similar to many of our decisions in life, sometimes we need sound advice from a professional to help clear up any confusion and provide a comfort level that we are making the right choice.
For those that are struggling financially and can’t dig themselves out of the debt hole, consulting with a bankruptcy lawyer should be the logical choice to make.
A bankruptcy lawyer can help answer the most important question on whether bankruptcy is the remedy for your circumstances. If the option is to proceed, a bankruptcy lawyer can be your safety net when it comes to navigating through what can be an intimidating process when filing for bankruptcy.
A bankruptcy lawyer can assist with gathering the appropriate financial documentation, completing the forms correctly, navigating through complex legal matters, and help you avoid any costly mistakes that may negate your chance of successfully filing your petition. Many people who decide to proceed with bankruptcy are under an extreme amount of stress and having a bankruptcy lawyer by your side during this process would give you much needed peace of mind.
Finding the right lawyer for your bankruptcy filing is critical for many reasons. Most importantly, hiring the wrong attorney can make your situation worse and add to the stress you’re already experiencing.
Here are some of the things to look out for when hiring a bankruptcy attorney.
Bankruptcy attorney fees vary depending on the type of bankruptcy being filed and complexity of your case. Most attorneys charge a flat fee, which on average, can be between $1800 and $2500. There are some attorneys that may charge an hourly fee, which can run between $200 and $400 for their services. Just to be clear, these are just estimates and there may be instances where the fees are higher for the most complex cases or lower for a simple filing.
Unless you’re well versed in the laws of bankruptcy and experienced in navigating through the complex process, it is without question a great idea to hire a bankruptcy attorney like the EH Law Group.
Hiring EH Law Group as your Daly City bankruptcy attorney would put you in the best position to eliminate your eligible debt. They can help you avoid crucial mistakes during the filing process, save time on completing paperwork, assist with determining if filing is right for you, and provide that much needed piece of mind in knowing you have a professional looking out for your best interest.
You deserve a fresh start!
We help you get it by being there from the start all the way to the end.