“We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”

CARMICHAEL

(916) 971-8880
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SACRAMENTO

(916) 971-8880
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Carmichael Bankruptcy Lawyer

Chapter 7 & Chapter 13 Bankruptcy

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You are not alone, thousands of people are seeking help from the bankruptcy court.

At the Law Office of Robert W. Fong, you consult directly with a bankruptcy attorney, and your case will be serviced directly by the attorney. Your Carmichael bankruptcy attorney prepares your case without the use of paralegals or any other legal assistants. Your attorney will consult with you on an ongoing basis to give you updates as to your case status, and explain the process on a step by step so you can feel comfortable about the process. Your attorney will personally appear with you in court.

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(916) 971-8880

Should you get a bankruptcy lawyer?

If you are having financial hardship and are considering filling for bankruptcy, a Sacramento bankruptcy lawyer will greatly help you. Bankruptcy law is incredibly complex, especially after the Bankruptcy Abuse Reform Fiasco, or BARF, which were complicated laws Congress enacted in 2005. Many attorneys and judges struggle to figure out just what Congress meant when they wrote these laws. The Bankruptcy Abuse Reform Fiasco was so poorly conceived and ill written that it takes courts forever to figure out, let alone you. A conscientious bankruptcy attorney Fair Oaks must monitor developments regularly just to stay in the game. They must dedicate the time, expertise and the troubles associated with the laws that you don’t have the time to do.

In the past, lawyers would charge a fixed fee for personal bankruptcy, with additional charges if the case is too complex. Under BARF however, a “routine” bankruptcy doesn’t exist because they are all complicated. Consequently, your attorney fees depend on how much time the lawyer spends on your case. You can minimize the time by doing homework like collecting all your asset and debt information. It seems very paradoxical to pay a lawyer for filing a case based on your lack of money. But in a Chapter 7 bankruptcy, all attorney fees must be paid before filing.

After you decide to file bankruptcy, you will stop paying your debts, and in turn can use that money on your lawyer. You can also sell assets to raise the money. This is pretty smart if you’re going to be forced to forfeit your assets anyways. An additional source of financial help can come from a friend or a relative. However, borrowing money to pay attorney fees is like taking a step back. The idea is to get out of debt, not get out of one debt while falling into another one.

WE ARE A DEBT RELIEF AGENCY

If you are having financial hardship and are considering filling for bankruptcy, please call a Carmichael bankruptcy lawyer at our office at (916) 971-8880 for a FREE confidential bankruptcy consultation.“We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”
SCHEDULE A FREE CONSULTATION

Get Help Today

(916) 971-8880

Carmichael Office

Law Office of Robert W. Fong
6825 Fair Oaks Blvd #101
Carmichael, CA 95608
Phone:(916) 971-8880

DRIVING DIRECTIONS

Bankruptcy Information

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Five Benefits of Bankruptcy

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Which Chapter is Right for Me?

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Chapter 7 Bankruptcy

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Chapter 13 Bankruptcy

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Get a Free Confidential Bankruptcy Case Consultation

Five Benefits of Bankruptcy

Before discussing the benefits of bankruptcy, it is important for you to understand that most people hope to avoid the road to Bankruptcy, but with thousands of individuals adversely affected by layoffs, pay cuts, and with the record high unemployment rate, millions of Americans are turning to and considering Bankruptcy. Consultation with experienced Stockton bankruptcy lawyer is encouraged to shed light on your specific situation.
01

Discharge Debt

Bankruptcy affords an individual a discharge of the financial obligation he or she has accumulated. It provides the debtor immediate relief by resolving the debt through division of the unexempt assets among the creditors, and providing the debtor a clean slate with new beginnings and opportunities.
02

Keep Your Home

In most cases you can keep your home. Most state Bankruptcy laws dictate that your home is exempt from liquidation as long as your equity stake is within the designated amount. Your home is only subject to liquidation if the equity in your home surpasses your state’s threshold, meaning you own more equity in your home than your state permits.
03

Stops Creditor Harassment

The third benefit of Bankruptcy is that your creditors will finally stop harassing you, no more surprise visits and phone calls. By law, they can no longer contact you, and if they do, the court can penalize them.
04

New Beginnings & Opportunities

Once your case is closed, your road to new beginnings and opportunities opens. You will have the opportunity to apply for new loans and credit cards. Though you will have to prove you’re a responsible debtor at first to receive great interest rates, this process will allow you to rebuild your credit. And in one decade, your bankruptcy filing will no longer show up on your credit report.
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Right to Your Privacy

Lastly, your family, friends, and co-workers don’t have to know about your bankruptcy filing. You have the right to your privacy. The only way someone can actually discover it, is if you’re asked for a credit report when applying for a new job or credit card.

Which Bankruptcy Chapter is Right for Me?

Deciding Between Chapter 7 & Chapter 13 Bankruptcy

Chapter 7 bankruptcy is your best choice if you don’t have any assets that you’d have to surrender to a trustee, you’re current on home and car payments or you are willing to give them up, you don’t have much money left over each month after paying expenses, or you haven’t received a bankruptcy discharge in an earlier case filed within the past eight years. Chapter 13 bankruptcy is a better option if you want to catch up on mortgage payments, you need time to pay off past-due support obligations, you owe tax debts that you want to pay off without interest or penalties, you received a discharge in a bankruptcy case filed within the past eight years, or you earn enough money to pay monthly expenses with ease and want to do your best to repay creditors at least some amount.

Although your case will most likely fall under the Chapter 7 or Chapter 13 case, there are a few other potential options to think about. Chapter 11 cases are large reorganizations that are worth looking into if you do not qualify for Chapter 13. Chapter 12 cases are specific type of bankruptcies geared towards family farmers and fishermen. Chapter 20, although technically not in the Bankruptcy Code, is a combination of Chapter 7 and Chapter 13. Choosing between the different options is something both you and your lawyer need to discuss.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy also known as “Liquidation Bankruptcy”

Chapter 7 bankruptcy is the most common bankruptcy in the United States for both business and personal bankruptcy. Chapter 7 bankruptcy also known as “Liquidation Bankruptcy” is a legal proceeding which involves discharge of personal debt after liquidation of certain eligible assets that you may own. However, certain property is exempt from liquidation.

After the liquidation sale, the proceeds of the sale will be used to pay creditors. Under Chapters 7 Bankruptcy practically all debt will be eliminated. The creditors will no longer be able to contact you in an attempt to collect any debt that was discharged in the process of the Chapter 7 bankruptcy. However, some debt cannot be discharged for the reasons of keeping good public policy. Debt such as child support, income taxes, federally granted student loans (private student loans are dischargeable, for example, Sallie Mae), fines and restitution for criminal conduct, are some example of non-dischargeable debt.

Chapter 7 bankruptcy will stay on the filers individual credit report for 10 years from the date of filing of the petition with the district court. During these 10 years, it may be harder for the individual to get reasonable terms of credit, although high and bad debt can have the identical effect if not worse. The ability to predict future creditworthiness is difficult, however removal of debt usually improves creditworthiness both in the short and long-term.

If you have fallen behind on your bills and are being harassed by creditors contact a Carmichael bankruptcy lawyer at the Law Office of Robert W. Fong today. Call (916) 971-8880 to see if you qualify to file bankruptcy and get a new fresh start.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy permits you to repay debts.

Known as reorganization, a Chapter 13 bankruptcy permits you to repay debts if you feel you would benefit from repayment. One of the most common Chapter 13 objectives is to reorganize to get caught up on mortgage delinquency, over a period of 3 to 5 years. Other objectives in filing a Chapter 13 case is to pay debts not otherwise discharged, such as taxes or support, or simply to make partial payments to unsecured creditors. Because of complexities of filing Chapter 13 paperwork in the Sacramento/Modesto Bankruptcy Courts, solid knowledge of the local filing requirements is a must to successfully file and navigate through a Chapter 13 case.

If you think there is a possibility that you will want to surrender your house or car (and this could actually be a wise decision) it might be best to stop making these secured payments, but check with a bankruptcy attorney in Sacramento to help you analyze the pros and cons of such strategy. You may have more flexibility with some other secured debts if you are going to file bankruptcy. Secured debts like finance company loans or store credit cards are likely to be discharged in bankruptcy, where they can often be treated the same as unsecured debts. Call Law Office of Robert W. Fong to speak with a bankruptcy attorney in Sacramento today.