Posts Tagged ‘los angeles bankruptcy attorney’
July 9, 2010
Chapter 7 Bankruptcy – Case Example
Susan runs a dance studio in Los Angeles but due to the recent economic decline she has had far fewer clients. Susan could no longer afford to pay for her expenses and her credit card bills are piling up. While most of the debt was in the name of her dance studio, which is a corporation, they were personally secured by her. Therefore, if she had the corporation file for bankruptcy she would still be responsible for the debt. Susan has reached her breaking point as there is only 1 week until her house is put up for sale by her lender. Susan found a Bankruptcy attorney in Los Angeles near her studio.
Generally, filing for bankruptcy stops all of your creditors from collecting even before the bankruptcy is granted. Once a bankruptcy petition is filed, any garnishment of wages, levies on bank accounts and lawsuits stop. Even if a bankruptcy is filed 1 minute before the sale of your home and it is sold anyway, the transaction can be reversed and you will continue to own your home. However the best course of action is to avoid this hassle and contact a bankruptcy attorney before this happens.
Creditors take notice once there is a stay and may be more willing to negotiate. This may be helpful on secured debts such as a mortgage but not as much with unsecured debts like credit cards. Negotiating with credit card bills may be a trap for the unprepared, as the reduction in the amount you owe turns into income you must pay taxes on. In addition, you may find that not all of your creditors will be willing to negotiate and you will in the end still file for bankruptcy but only after paying more money to creditors than you would have otherwise.
A chapter 7 bankruptcy allows all of your unsecured debts like credit cards to be discharged. A chapter 13 allows you to keep more of your property (i.e., home in foreclosure, automobile, etc…) and puts the debts on a 3-5 year payment plan based on the amount of excess income after paying expenses, but the amount of unsecured debt cannot exceed 300,000.
Susan’s attorney felt that a chapter 7 bankruptcy was the right choice because although the mortgage on her home in Los Angeles was upside down her unsecured debt was too high for a chapter 13 and her current income did not exceed her expenses. Susan’s attorney helped her through the process of a chapter 7 bankruptcy.
Susan now had a fresh start and was able to keep living in her home and running her dance studio. While many believe bankruptcy eliminates any future ability to get credit Susan was able to get new credit cards shortly after receiving her discharge
Bankruptcy Attorney in Los Angeles | Bankruptcy Attorneys in Los Angeles
Bankruptcy Lawyer in Los Angeles | Bankruptcy Lawyers in Los Angeles
Tags: Bankruptcy, Bankruptcy Attorney, Bankruptcy Attorney In Los Angeles, bankruptcy attorneys, Chapter 13, Chapter 7, Credit Card, Debt, los angeles bankruptcy attorney
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February 25, 2010
Questions Asked at 341(a) Creditor’s Meeting
When filing for bankruptcy, a creditors meeting is general scheduled approximately 1 month after the filing of your bankruptcy petition. This hearing is conducted by the bankruptcy trustee, which is basically another attorney. Their position is to ask you certain questions to determine whether you have assets that are not exempt and can be sold off to pay the creditors. Generally, it is very rare to have the bankruptcy trustee sell assets in a bankruptcy proceeding. They begin by swearing you in and having you present your driver’s license as well as your social security card. They then begin with the questionning, which usually takes anywhere from 30 seconds to 5 minutes long (and sometimes longer, depending on how complex your case is). The types of questions they may ask may be as follows:
- State your name for the record
- Did you read the bankruptcy petition prior to signing it
- Did you understand the contents of the bankruptcy petition prior to signing
- Have you listed all your debts and assets in the bankruptcy schedule
- Have you sold or transferred any assets (including real estate) within the past 4 years?
- Do you owe any child support or alimony (domestic support obligations)?
By the time you attend the creditors meeting, the bankrupty trustee has already gone through your bankruptcy petition, your tax returns, pay stubs, etc…to determine what your financial situation is. If they determine something unusual about your bankruptcy petition (i.e., you’re filing for bankruptcy, yet you own two vehicles (a BMW and a Range Rover) which you would like to keep, they question your motives.
To learn more about filing for bankruptcy or the types of questions they may potentially ask you, feel free to contact a Los Angeles Bankruptcy Attorney.
Tags: Bankruptcy, Bankruptcy Attorney, bankruptcy petition, bankruptcy trustee, Creditors Meeting, los angeles bankruptcy attorney, petition
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