Call For A Free Consultation 707-304-5251
Areas & Topics

Santa Rosa Bankruptcy Blog

Have you received a legal complaint regarding creditor claims?

You, like most California residents and individuals across the country, likely have some form of debt. While your outstanding balances may have once been easily managed, you may have found yourself struggling to keep up with payments due to unexpected life events or other issues. Now, your debt has become so overwhelming that you feel uncertain whether you will ever have the ability to pay it back.

While you certainly remain aware of your financial situation and want to take action to address it, you may not take steps in time to avoid a lawsuit from a creditor. Though creditors cannot threaten to put you in jail for outstanding debt, they can take legal action against you by suing you for owed funds. If a creditor has brought a claim against you, you may wonder how to handle the situation.

Chapter 13 bankruptcy: is it the right choice for you?

California readers who are overwhelmed by debt may know that bankruptcy could be a reasonable option for them. Filing for bankruptcy may not be your first choice, but it could be a way to obtain a better financial future that is free from the threat of losing your home and the harassment from creditors.

If you are dealing with the possibility of losing your home to foreclosure or specific types of debt, Chapter 13 bankruptcy could be the right choice for you. Even if you believe that this is the practical choice for your individual situation, it is smart to have a complete evaluation of your case in order to fully explore all of your options. Filing for any type of consumer bankruptcy is a serious decision, and it is prudent to take care to know all of your options before you proceed.

Will I lose everything in a bankruptcy?

A job loss, a divorce or a medical emergency are some of the most common events that can send a family budget into crisis. If you experienced any of these, you know how difficult it is to bounce back. You can take a part-time job and cut back on expenses, but there are only so many hours in a day and so many extras to cut from your budget.

After struggling with your finances long enough, you have finally decided to examine the benefits of bankruptcy protection. Undoubtedly, you have heard myths and misconceptions about people who have gone through bankruptcy. However, you may find relief in learning the truth about bankruptcy and how it can potentially help you.

A medical crisis often leads to a financial crisis

If you have been keeping up with your expenses, making ends meet and even socking a little away for a modest vacation or home repairs, you may have felt discouraged when you or a loved one suffered a chronic or sudden illness or a debilitating injury.

Even if you have health insurance, you likely faced thousands of dollars in deductibles before the insurance benefits kicked in. Perhaps, like many in California whose employers do not provide health insurance benefits, you may have found the premiums too costly for your budget. Now you are facing overwhelming medical debt.

Knowing when a debt collector goes too far

If you woke up this morning with a tension headache or a knot in your stomach because of your financial situation, it is probably not the first time. In fact, you know things have gotten bad if you start your day by planning how to avoid your creditors. Knowing that at a certain time of day the phone calls will start certainly doesn't make it easy to greet the day with any positivity.

While it may seem like those debt collectors are calling constantly, it is likely that they are acting within the limits of the Fair Debt Collections Practices Act, which permits and prohibits certain behaviors of creditors trying to get you to pay what they say you owe. It is important that you have a good understanding of those limits because some unscrupulous collectors may rely on the fact that not many borrowers know their rights.

One of these options may help you keep your home

Whether you got behind on your mortgage loan payments over time or due to a catastrophic event such as a job loss or medical emergency, your lender is knocking on your door for payment. In fact, your lender may already be threatening to foreclose on your home.

When you borrowed the money to buy your home, you gave your lender your home as collateral. Now, as you experience financial difficulties, your lender may consider taking that collateral to satisfy the loan. Fortunately, most lenders have no desire to own your home. Instead, they would prefer for you to keep paying. This means that it may be possible to keep your home.

Debtors' prisons no longer exist but bankruptcy remains an option

You've probably read a novel or two set in the 1800s (perhaps Dickens?) where one or more characters were tossed into debtors' prisons for being unable to satisfy their debts. Such fiction stories are typically full of tragic circumstances, such as families living in cold, dark and damp dwellings while their breadwinner husbands and fathers spend months or years behind bars simply because they couldn't earn enough income to make ends meet. Thankfully, such tales of old are far from today's reality although certain aspects may remain.

Economic crisis is nothing new and is still quite prevalent in all 50 states. In fact, you've likely faced more than one financial challenge in your life. The problem is that some financial struggles have a way of getting out of hand, and though you likely won't be locked up for your inability to pay your debts, you may indeed find yourself in urgent need of viable debt relief options.

A quick fix may not be best route for addressing debt

You may have always considered yourself someone who took proactive approaches when it came to handling your finances. You may have saved, budgeted and taken other actions that would help keep you on track with expenses. However, unexpected situations can hit anyone, and you may now find yourself with considerable debt due to medical expenses, job loss or any number of other significant life changes.

As with most California residents, you may have a desire to get out from under your debt as quickly and painlessly as possible. As a result, you may consider various ways in which to accomplish this task. Though different options do exist, you may want to think about the potential future implications before jumping in with a seemingly quick fix.

Wait on that decision to consolidate

Debt consolidation seems like a pretty great thing when you are struggling to meet your financial obligations. Who wouldn't want to combine everything into one low monthly payment? Sounds like a pretty sweet deal, but is it? California residents who are considering this option should probably wait on their decision to consolidate until they learn more about it.

What exactly is debt consolidation? What are the benefits? What are the drawbacks? Is there a better way to address debt problems?

Can they really take my stuff?: How repossession works

Financial troubles can lead to various complications, including leaving a person unable to meet his or her financial obligations. When bills go unpaid, creditors start calling, notices of foreclosure start arriving in the mail and threats of repossession may begin. The thought of losing personal property is not only overwhelming, it is embarrassing and a threat to your way of life.

Repossession often happens when a person is so far behind on payments that creditors take steps to confiscate the financed object. Often, this is a vehicle, but that is not always the case. While it may seem surreal that a company could simply take your property, it can be useful to know how repossession works and what you can do to make it stop.


Santa Rosa Office
141 Stony Circle, Suite 221
Santa Rosa, CA 95401

Phone: 707-304-5251
Fax: 707-542-5655
Santa Rosa Law Office Map

San Rafael Office
4040 Civic Center Drive
Suite 200
San Rafael, CA 94903

Phone: 707-304-5251
Fax: 707-542-5655
Map & Directions

Ukiah Office
215 W. Standley Street
Suite 10
Ukiah, CA 95482

Phone: 707-304-5251
Fax: 707-542-5655
Map & Directions