Many people might have a basic idea of how bankruptcy works in the United States. You file a case and, if the case is successful, the court discharges your qualified debts, freeing you of the obligation to pay those debts. However, do you know how to begin the process and file for bankruptcy? Most people do not, especially if they have little experience with the legal system. It is important to seek help from a California bankruptcy attorney if you are considering a bankruptcy case.
There are different types of bankruptcy cases, each with their different potential benefits and drawbacks. While Chapter 7 bankruptcy might provide significant relief for one household, it might not be right – or even possible – for others. It is important to have a bankruptcy lawyer to evaluate your situation and advise you about the right type of case for you. Your lawyer will examine several factors, including:
It is important to take the time to determine the right type of case to prevent delays and ensure you receive maximum benefits from your bankruptcy case.
Once you decide that Chapter 7 is the right type of bankruptcy for you, the next step is to gather information and documents. Your attorney will be able to tell you all the information they need to begin preparing your petition. This can include:
Your attorney will use this information to make sure you are eligible for Chapter 7 bankruptcy (specifically that you pass the means test), as well as the best way to apply California’s bankruptcy exemptions to best protect your property and assets.
The bankruptcy petition itself is a complex document that has many schedules, and you also need to provide supporting documentation for the information you provide. Preparing a petition can be a time-consuming and challenging process, though experienced bankruptcy lawyers know how to complete this step of the process efficiently and accurately. Accuracy is important, as any omissions or inaccuracies on your petition can cause delays or even raise suspicions of fraud.
Once your attorney completes your paperwork, you must complete the required credit counseling course. Then, your attorney will file your petition, schedule, and supporting documents with the proper bankruptcy court. California has four districts of federal bankruptcy courts , each with multiple divisions. You will need to pay the filing fee or have the fee waived if you qualify. This filing officially begins your bankruptcy case.
The bankruptcy attorneys at Miranda, Magden & Miranda, LLP, have handled successful bankruptcy filings for many clients, and we see your case all the way to its resolution and discharge. Contact us today if you have questions about bankruptcy or would like to get the process started.
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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