Most Soledad families live from paycheck to paycheck. Many do not have enough cash to cover a $400 emergency expense, like a car repair or medical bill. So, one financial storm like a divorce, serious illness, or job loss often forces a Monterey County family under water. If you are drowning in debt, you will find that most debt collectors are quite aggressive. Therefore, the situation will probably get progressively worse unless you work with a Soledad Chapter 7 Bankruptcy attorney.
At Miranda, Magden & Miranda, we do more than file paperwork and hope for the best. Every bankruptcy matter we handle begins with a conversation. The outcome is much better if we understand your needs and goals. Additionally, we are with you every step of the way, including through any necessary court hearings. No bankruptcy petition preparer can do that. Finally, we give your family the tools necessary for post-bankruptcy financial success.
As mentioned, many creditors aggressively pursue adverse action after just one or two missed payments. Section 362 of the Bankruptcy Code typically kicks in as soon as debtors file their voluntary petitions. The Automatic Stay immediately halts adverse action such as:
Debtors need not show cause, negligence, or any other fault. The Automatic Stay is just that. Normally, it stays in effect until the judge discharges debts, as outlined below. Moneylenders may only pursue adverse action if they get special permission from the bankruptcy judge. Such permission is extremely difficult to obtain, and an assertive Soledad Chapter 7 Bankruptcy attorney is on your side during the hearing.
The Automatic Stay applies to both private creditors like debt buyers and public agencies like the IRS. Furthermore, the Automatic Stay protects debtors even if the debt itself is a delinquent mortgage or another nondischargeable obligation.
About six weeks after the petition filing, a Chapter 7 trustee (person who administers the bankruptcy for the judge) reviews the paperwork and identifies any red flags. The trustee also usually requests identifying documents, like a Social Security card, and financial documents, like tax returns.
Assuming everything is in order, the judge usually issues a discharge order a few months later. This discharge order applies to most unsecured debts, such as:
Some unsecured debts are in special categories. For example, FSOs (Family Support Obligations) are usually never dischargeable under any circumstances. Past due income taxes are only dischargeable in certain situations, as well.
Additionally, the discharge order has a limited effect. It only eliminates the legal obligation to repay the debt. So, if a taxing authority or other entity has filed liens, the liens will still need to be addressed beyond the bankruptcy.
Bankruptcy cases are complex, and we are with you every step of the way. For a confidential consultation with an experienced Soledad Chapter 7 Bankruptcy attorney, contact Miranda, Magden & Miranda LLP. After-hours visits are available.
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..
Last year, I had just moved in the area and needed a family law attorney for a custody case. The process of finding/choosing an attorney could be daunting. However, when I went in for my first consultation with Levi my stress level was immediately mollified. He was personable, which made me feel comfortable to discuss my personal matters freely. I had a lot of questions of the legal process that would take place and he took the time to explain everything with meticulous detail. More importantly, when I called Levi he returned my phone calls in a timely/professional time frame...
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