Filing Chapter 7 bankruptcy is a legal process that provides debt relief to thousands of consumers each year in the United States. If you decide to file, it is important to have the assistance of a Gonzales, CA bankruptcy attorney from beginning to end of the process. Our legal team can meet with you and answer all of your questions about how bankruptcy works and how it might impact your life. Below are only some of the common questions we can answer.
A bankruptcy trustee is appointed and oversees Chapter 7 bankruptcy cases. The trustee discovers the assets available to liquidate and is in control of all assets in the bankruptcy estate. The bankruptcy estate includes all of your property except that which is exempt from being liquidated to pay creditors that you owe. Exemptions that you claim when filing are reviewed by the trustee. Once the process is complete according to the law, the trustee will decide that a debtor is entitled to discharge their debts.
The law requires a debtor to first determine that they are eligible to file Chapter 7 bankruptcy by showing they pass the means test. The means test asks whether your monthly income is less than that of the state median for your household size, as reported by the Department of Justice (DOJ). If the answer is yes, then you qualify. However, if you make more than the state median, then abuse of Chapter 7 is presumed. Your lawyer will consider all sources of income you have, as well as qualified expenses to determine whether you pass the means test and qualify.
A 341 meeting is a hearing that requires your attendance as the debtor. It allows the trustee and creditors to ensure that the information in your bankruptcy filing is accurate and complete and is conducted by the trustee. However, unlike regular court hearings, there is no judge present in a 341 meeting. While creditors are not required to attend the meeting, they are not prohibited.
The 341 meeting begins with the trustee verifying your identification. The trustee will then swear you in. During the meeting, you are asked questions regarding your bankruptcy filing under oath by both the trustee and the creditors, should they choose. However, due to time constraints, creditors are generally limited to asking questions regarding the nature of your property and its location. It is important to answer the trustee’s and creditors’ questions completely and accurately. Anything you answer in the 341 meeting can be used as evidence in an action against you to dispute a discharge.
If you are deciding on whether to file for Chapter 7 Bankruptcy, speak to the attorneys of Miranda, Magden & Miranda, LLP. We will help you understand the likelihood of passing the means test, your property exempt from liquidation, and what happens in a 341 meeting. Visit our website to schedule your consultation with bankruptcy attorneys in Gonzales.
Patricia has been so helpful and provided excellent service. My husband and I are so grateful for all the help she has provided to help me immigrate to the United States. We really could not have gotten through it without her help. A big thank you to Patricia\'s assistant, Ingrid as well for always being prompt with responses and helping us get all the paperwork ready at each stage. I highly recommend Patricia for anyone who needs immigration help.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
They represented my custody case and handled it like it is their own case and they are best in Monterey County.
The entire team at MMM are superstars! I appreciate all the time and prep that went into my original case many years ago. And now recently, I asked for some help on a follow-up custody matter that I felt I could handle myself but just needed their expertise to properly represent all the important details. They are knowledgeable, extremely thorough, and prepared me for every possible scenario. I can't thank them enough!
My partner and I sought legal advice on bringing my fiance' to the United States with this office after having called a few immigration attorney offices around Monterey County. Having never sought legal advice before it was a refreshing experience in which we both really felt that Patricia listened intently to our goals and needs, and then not only gave us thorough advice, but also she really showed a lot of empathy with our situation and all the challenges we faced in what we trying to do. I would definitely recommend this office for anyone who is unclear about what..
Working with Patricia was a professional encounter unlike any other, an absolute 5-star experience. From the first moment, we walked into our consultation until the moment our case was closed and my husband walked away with his permanent resident card Patricia was communicative, professional, and thorough. Her team contacted us every step of the way providing valuable process and law changes we would not have been able to catch if we tried to navigate this endeavor alone. Patricia answered our endless question stream with thoughtfulness and care, calling us countless times to ensure we were clear on every piece of..
How did we do?
Note: Your review may be shared publicly.