Need a Chula Vista Bankruptcy Attorney?
Our Lawyers Can Help You Take Control of Your Debts
Chances are if you’re looking for a bankruptcy lawyer you already know this, but dealing with debt can be stressful. No one wants to be unable to pay for bills or field calls from angry creditors. Many improperly view debt as a reflection of personal failure, but the reality is that debt can quickly take over someone’s life due to factors beyond their control.
Even someone with steady income and strong financial literacy can face unexpected injuries, the loss of a job, a damaging divorce, or other unexpected but catastrophic costs.
The good news is you do not have to face debt alone. A Bankruptcy attorney can help. Bankruptcy has helped hundreds of thousands of individuals and their families address their debt and work toward a more sustainable financial future.
Our Chula Vista bankruptcy attorneys at The Sexton Law Firm can help you explore if bankruptcy is right for you. We are intimately familiar with how bankruptcy cases of various types are adjudicated in California and can work to help you maximize the institution’s benefits. Our chief goal is to help you find solutions to your debt problem and retake control of your finances.
Interested in bankruptcy? Call (619) 202-8976or contact us onlinefor more information.
On This Page:
Experienced Bankruptcy Representation for Consumers
Our team offers a full suite of consumer bankruptcy services. We can guide you through
each step of the process, including assessing eligibility, preparing and
filing
the
necessary documents, and representing you in bankruptcy court.
Our goal
is
to
help
you eliminate debt while minimizing any negative impact to you.
Our Chula Vista bankruptcy attorneys can assist you in the following areas:
-
Chapter 7 Bankruptcy. Chapter 7 bankruptcy is primarily intended for those who need relief but do not
have the financial capacity to repay their debt. Filers will undergo
a
liquidation
process, where nonexempt assets will be sold to compensate
creditors. California
allows Chapter 7 filers to exempt assets in numerous
categories, including
equity
in their home and vehicle as well as several
types of personal property.
We
can
help
you leverage state exemptions
to protect as much of your estate
as possible.
-
Chapter 13 Bankruptcy. If you have a substantial amount of disposable income, you will need to at least
partially pay some of your obligations. In a Chapter 13 bankruptcy,
your
outstanding
debts will be reorganized into single monthly installments
that
you will need
to
pay for 3-5 years. The amount of this monthly
payment
is
determined by your
means to pay,
not
by the total amount you owe. We can help determine an accurate level of disposable
income and negotiate a fair and reasonable repayment plan.
-
Creditor Harassment. Creditors may begin calling or even visiting when you miss too many payments. Collection
agents employ several types of unscrupulous tactics, many of which
are
unlawful
under
the Fair Debt Collection Practices Act. We can help
you
understand
and
exercise
your
rights under these federal protections
as
well as help
you address
the underlying
debt through bankruptcy.
-
Foreclosure Defense. Filing for bankruptcy can help save your home, even if the foreclosure has already
begun. The bankruptcy’s automatic stay takes effect as soon as you
file
and
precludes
all creditor actions, including foreclosure. So
long as
you file
before
the sale
of the property takes place, you can
halt foreclosure
proceedings
and
work to keep
your home. If you are
in immediate danger
of losing your
residence
to foreclosure,
we can
work quickly to help you
file for bankruptcy
before a
sale can take place.
When Is It a Good Time to File for Bankruptcy?
A few missed payments here and there may ding your credit, but they are not reasons
to file for bankruptcy. Filing for bankruptcy is a serious
commitment
that can
come
with significant consequences,
especially if you
are attempting
to navigate
the process alone.
However, bankruptcy can be an effective way for some people to eliminate their debt
and finally move forward with their lives.
Here are some signs that you may need to file for bankruptcy:
-
Does your debt keep growing?. This includes situations where you have no reliable stream of income, leading to
compounding bills and obligations, as well as scenarios
where
you do
have a
job but
are nonetheless drowning
in insurmountable debts.
-
Are you being constantly harassed by creditors?
Collection agents will generally only begin to hound you when you have become seriously
delinquent on one or more debts. This means that, at
this point,
your
credit
ratings
will already have begun
to suffer, and
you could soon
become the subject
of collection
lawsuits. Filing
for bankruptcy puts
a swift stop to all creditor
communications
and keeps lawsuits from
proceeding.
-
Is your house facing foreclosure?
In California, the moment you file for bankruptcy, the court will order a freeze
on the foreclosure process as long the property has
not been
sold yet.
This
affords
you precious time to
reorganize your
finances so you can
repay your
mortgage debts.
-
Do you have a high amount of unsecured debts?
Successful completion of a Chapter 7 bankruptcy or Chapter 13 bankruptcy typically
entitles you to discharge unsecured debts such as credit
bills,
medical
debt,
personal
loans, and utility bills.
If most of
your debt is unsecured,
bankruptcy
becomes a
very attractive
option. However, bankruptcy can
still be extremely
useful for those
who have high levels of secured debt.
Bankruptcy is not right for everyone. Our team can work with you to review every
detail of your situation and help decide whether filing
for bankruptcy
makes
sense.
We can guide you through possible
outcomes to help
you make
an informed decision.
Which Bankruptcy Chapter Should I File?
The reality is that you do not get much choice in what type of bankruptcy you can file for. Most individual consumers will only qualify for either Chapter 7 bankruptcy or
Chapter 13 bankruptcy. Eligibility is decided by the California Means
Test,
which
measures your ability to at least partially repay your
creditors.
You will need to evaluate your average income over the past 6 months and weigh it
against the average median income for your household size.
-
Chapter 7 is a good choice for those who can pass the Means Test. Though its liquidation process can seem intimidating, many prospective filers wish
to pursue Chapter 7 bankruptcy, as it does generally require any
further
payment
to creditors.
-
Chapter 13 bankruptcy is available for those who do not qualify for Chapter 7.
This chapter avoids any liquidation but instead reorganizes and consolidates debt,
mandating that filers pay monthly installments for several years.
If you have little to no income, you will likely qualify for Chapter 7 bankruptcy.
If you have ample disposable income – common in cases where you still
have
a
well-paying
job – you will likely need to file Chapter 13 bankruptcy.
We can
help determine your
eligibility.
How Does Filing For Bankruptcy Affect My Credit Score?
It's important to understand how filing for bankruptcy can impact your credit score
and how we can support you through this process. At The Sexton Law Firm,
we aim
to
provide clarity and peace of mind to our clients during what can
be a challenging time.
Initially, filing for bankruptcy will likely cause your credit score to drop. This
is because bankruptcy is considered a negative event by credit reporting
agencies
and will remain on your credit report for seven to ten years, depending
on the
type
of bankruptcy filed. However, this impact is not permanent,
and bankruptcy
can offer
a path to financial recovery.
Despite the initial drop, bankruptcy can ultimately help improve a credit score over
time. After discharging debts, you have the opportunity to rebuild your
credit
by
making timely payments and managing credit responsibly. This fresh
start can
often
lead to a more stable financial future.
Our experienced bankruptcy attorneys in Chula Vista are here to guide you through
each step, helping you understand your rights and options. We believe in
providing
personalized advice to help you rebuild your financial standing
after bankruptcy.
We offer strategies and resources to assist you in enhancing
your credit score
over
time, ensuring you can confidently move forward with
your financial goals.
Remember, while bankruptcy affects your credit score, it also offers a chance for
a fresh financial start, allowing you to regain control of your finances.
Reach
out
to our team to learn more about how we can assist you on this journey.
We Can Guide You Through the Bankruptcy Process
Filing for bankruptcy can be a complex, sometimes overwhelming process, especially
if you are not intimately familiar with the constantly changing California bankruptcy code.
Our Chula Vista bankruptcy attorneys at The Sexton Law Firm have a complete working
knowledge of the relevant state laws and can help you efficiently and effectively
move through your filing. We understand how stressful living with debt can be and
are ready to support you however we can.
Call(619) 202-8976or contact us onlinefor a bankruptcy consultation!
