What To Expect From The Bankruptcy Process
A layoff, illness or injury can topple your financial stability. When you cannot make payments, creditors start to line up. Collection agency tactics are becoming more aggressive all the time. But, you can stop the constant phone calls, threats of foreclosure and enforcement actions.
At the Law Offices of Brian A. Barboza, we can help you to wipe the slate clean and get a fresh financial start. We have helped California clients in Sonoma, Napa, Lake, Mendocino and Marin counties, who are often surprised to learn that they need to appear before the Santa Rosa bankruptcy court. To serve this large area, we have three office locations in Santa Rosa.
A Careful Analysis Of Your Situation
Every situation is different; there is no one-size-fits-all bankruptcy. Whether you are married, married considering divorce or a single parent, your unique circumstances will affect which bankruptcy you should file, how you file (single or joint) and when you file (i.e. immediately or after a divorce). Nothing online provides a substitute for speaking with an experienced bankruptcy attorney before you file anything.
Our goal from the initial consult is to find the right solution for you. Here are three initial questions we will help you answer:
- Do you qualify for Chapter 7 bankruptcy? Walking through the means test can provide an answer.
- Can your debts be discharged? We will explain after reviewing your situation.
- What property will you be able to keep? California’s liberal bankruptcy exemptions may allow you to keep all or most of your property.
From the start, we will be honest with you — if the bankruptcy does not make sense and other options exist, we will tell you about them.
Steps In The Bankruptcy Process
When you choose to move forward with bankruptcy, we will file the petition in Santa Rosa on your behalf. As soon as a bankruptcy is filed, an automatic stay goes into place. This stops all creditor harassment and collection actions.
In a Chapter 7 filing, the next step is a meeting of creditors. The whole process can be wrapped up in as little as 90 days. This is the fastest way to have your debts discharged.
In Chapter 13, the process involves additional confirmation hearings and a partial repayment plan that will last between three and five years. In either case, we are beside you through the whole process.
Get Back To What Is Important
You need an advocate who can guide you through the bankruptcy process, so you can concentrate on what is most important: taking care of your family. You will find this type of advocate at our firm.