Initial Consultation: This meeting usually takes place via phone or video conference. It lasts about an hour and Attorney Khan will go through the entire intake process with you. You should be 100% transparent about your income, marital status, and assets you own, and have a list of all bank accounts. My questions will be probative, but it’s important you give my office all the information we ask for. My office will also give you a preliminary assessment of whether you qualify for Bankruptcy.
Debt settlement is an alternative to filing for bankruptcy relief. The typical process of debt settlement is contacting a creditor and offering them a payoff for less than the full balance owed. Typical settlements generally range from 20-50%. However, what debtors need to be aware of is that the creditor is under no obligation to accept a settlement. Moreover, the settlement amount varies from creditor to creditor and depends on such factors as the likelihood of the debtor paying the debt in full, the age of the debt, and how aggressive the creditor is.
When filing for Chapter 7 Bankruptcy, you are allowed certain bankruptcy exemptions. They are referred to as 703 and 704 exemptions. These are also protections of your income and assets. The exemptions allow you to keep some or all your assets, California allows for many exemptions of your property, retirement accounts and other assets. By using the proper bankruptcy exemptions in your Chapter 7 bankruptcy case, the Debtor can prevent the Trustee from selling and liquidating your assets. 703 exemptions are for people who do not own real property.
A common myth is that taxes are not dischargeable in a bankruptcy. Taxes can be dischargeable in a Chapter 7 bankruptcy. It can be categorized in the same bucket as all your other unsecured debts. Here are some basic rules to know:
Chapter 7 Bankruptcy allows qualifying debtors to eliminate most kinds of unsecured debt.
Many times, people are unclear about when to file for bankruptcy when they are thinking about divorcing each other. If you have joint debt together, it would be more efficient to file bankruptcy together and get rid of your debts and then proceed with your dissolution. It’s cheaper to file bankruptcy together rather than pay for two separate bankruptcy cases.
The Means Test is a very important part of the bankruptcy petition. It determines whether you qualify for Chapter 7. It takes into account your income, household size, and regular monthly expenses that you make.
Automatic Stay is an order that prevents creditors from taking certain actions against debtors during Bankruptcy proceedings. Once you file bankruptcy, your creditors will be notified of your filing, and the Automatic Stay comes into play. This will STOP creditors from attempting to collect debts against the debtor during the relief process.