For people who are suffering from immense debt, filing for bankruptcy may be the only option to allow them to rejoin productive society again. Bankruptcy is a constitutionally-protected right because a lifetime in debt due to a car accident, medical trauma, or bad decision to co-sign on a vehicle does not help society. Chapter 7 bankruptcy may be the best way to begin rebuilding your financial future. At Miranda, Magden & Miranda, our experienced Chapter 7 bankruptcy attorneys are here to help you navigate the bankruptcy process and work toward wiping the slate clean for your productive, financial future.
There are no minimum or maximum monetary eligibility requirements to file for Chapter 7 bankruptcy. There are income, expense and assets tests that you must pass in order to be permitted to file under Chapter 7 versus Chapter 13. Also, you must complete two credit counseling courses, must not have filed a prior bankruptcy within certain time frames, and may not have had a prior bankruptcy petition dismissed in the same time frame for a willful failure to appear or failure to comply with the court.
Chapter 7 bankruptcy does not require a repayment plan like other bankruptcy filings do. Under Chapter 7, a petition is filed with the court that includes schedules of assets and liabilities, current income and expenditures, a statement of financial affairs, and a statement regarding executory contracts and leases in addition to relevant tax returns and other documentation such as a certificate of credit counseling. The debtor must also provide a list of debts and creditors and what is owed, any source and frequency of income, a list of the debtor’s property, and a list of monthly living expenses.
A Chapter 7 trustee is then assigned to the case, and he will hold a creditor’s meeting where the debtor will answer questions about their filed petition and schedules, and creditors have the opportunity to attend. The process following the date of filing takes approximately three months in California. Following the closing of the case, the debtor can begin rebuilding their lives and their credit scores. Our attorneys are happy to assist with your plan to rebuild your financial life.
It is important to note that there are other alternatives to Chapter 7 bankruptcy if a person meets other eligibility requirements, or if they do not meet the more modest income and asset requirements for a Chapter 7 bankruptcy filing. Individuals may be able to file for Chapter 13 bankruptcy, which sets up a three-to-five-year repayment plan and can possibly allow the debtor to keep his or her home despite arrears on their home mortgage, among other benefits. Although our firm specializes in Chapter 7 cases, in some instances, a Chapter 13 filing may be a better option for you, and in that case, we will let you know the reasons why and do our best to give you an alternative course of action to reach the relief you need.
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..
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