Ventura County Bankruptcy

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Bankruptcy

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Seeking help with a bankruptcy issue?  An Oxnard bankruptcy attorney or a Ventura bankruptcy attorney may be able to assist you. 

What is Bankruptcy? 

Bankruptcy is a legal process that that allows an individual, a married couple, or a business a legal means for making a fresh financial start.  Filing for bankruptcy is a right afforded by Federal law and all bankruptcy proceedings are held in the federal courts.  Filing bankruptcy, in most cases, puts an immediate stop to all creditor and collections activities while your debt matters are resolved under applicable bankruptcy law.   

What are my Personal Bankruptcy options? 

Bankruptcy filings can either be made by an individual and/or a married/domestic couple.  There are three basic types of personal bankruptcy filings, Chapter 7, Chapter 12, and Chapter 13.  In most cases, individuals or spouses typically file Chapter 7 bankruptcy.  Chapter 12 bankruptcy filings are restricted to fisherman and family farmers.  Chapter 13 bankruptcy is also for individuals or spouses and is more of a debt restructuring process that allows the individuals (or spouses) to retain many of their assets. 

What are my Business Bankruptcy options? 

There are two common forms of bankruptcy filings utilized by businesses, Chapter 7 and Chapter 11.  There is also Chapter 9 bankruptcy (or municipal bankruptcy) which is restricted to agencies of the state declaring bankruptcy.  Chapter 15 is a less commonly used bankruptcy option for resolving and clearing international debts.   

Chapter 7 Bankruptcy 

Chapter 7 bankruptcy for both individuals and business is declared when the individual / business wants a fresh start.  Businesses that file Chapter 7 bankruptcy typically shut down their businesses permanently as a result of the bankruptcy.  Individuals (or spouses) that file Chapter 7 bankruptcy are declared “unable to pay” by the court and most debts are made void during the legal bankruptcy proceedings.  There are certain debts, such as student loans or other federal debts that remain unaffected by declaring Chapter 7 bankruptcy. 

Individuals Filing Chapter 7 Bankruptcy 

An individual (or spouse) or business must first generally be able to prove that their income is insufficient to meet the debt amounts.  Individuals are at a risk losing most of their assets in a Chapter 7 bankruptcy.  Individuals can lose their residence or primary vehicles under Chapter 7 bankruptcy if the individual is unable to maintain the auto loan payments or mortgage payments.  In this case, the assets will also be included in the Chapter 7 bankruptcy filings.  If an individual is able to maintain their auto loan or mortgage payments, they may retain these assets under the Chapter 7 bankruptcy.   

Under Chapter 7 bankruptcy other assets such as additional properties, antiques and collectibles, and additional vehicles will be liquidated to resolve debts.  Individuals filing Chapter 7 bankruptcy usually do so as a last option.  Upon court approval, the bankruptcy filing eliminates most all debts. 

Chapter 13 Bankruptcy 

Chapter 13 bankruptcy is typically filed by individuals who have large amounts of property or assets but their income is no longer able to cover their debt payments.  In Chapter 13 bankruptcy the individual’s debt is restructured in order for the individuals to retain their assets and maintain reasonable payments to their debtors.  Under Chapter 13 bankruptcy filings, individuals must maintain their court-ordered payments in a regular and timely manner otherwise their assets can be seized. 

Chapter 11 Bankruptcy 

Chapter 11 Bankruptcy is similar to Chapter 13, but stipulated for businesses.  Under Chapter 11 bankruptcy some of the business debts are cleared and debts restructured under reasonable payment plans.  Chapter 11 bankruptcy affords business an opportunity to reorganize their debt and the business are able to stay in operation. 

What are some benefits of declaring bankruptcy? 

  • Discharging of debts, which is the elimination of an individual’s legal obligation to pay all (or most) of their debts.  Discharging of debts is to give an individual a clean slate.
  • Prevent or stop wage garnishments, and credit collections actions
  • Prevent or stop repossession of assets (car, home, other property), or obtain repossessed property for at least the duration of the bankruptcy proceedings
  • Prevent or stop the foreclosure process on physical or mobile property, giving individuals an opportunity to restructure payments or make payment arrangements
 

Are there restrictions to declaring bankruptcy? 

Bankruptcy is a federally protected right, but is not a solution to all financial circumstances.  There are some restrictions to declaring bankruptcy and some things that declaring bankruptcy will not do.

  • Bankruptcy will not discharge federal loans or other debts that are stipulated by bankruptcy law such as federal student loans, court-ordered restitution, child support, alimony, fines, and some taxes.
  • Bankruptcy will not eliminate specific rights of secured creditors, wherein the creditor has taken a lien as collateral property, such as home mortgages or auto loans.  Individuals may still only retain their collateral property if a payment resolution has been made.
  • Debts that were not included in the initial bankruptcy filing or debts that arose after the filing will NOT be discharged

 

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Ventura County Bankruptcy Questions

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Recent Sample Questions to the Legal Line

  • If my ex husband files bankruptcy, one our credit cards is jointly signed for. Will it affect me? My bills are current. His are not.
  • My husband drives a truck and I am unemployed due to medical problems. We are behind and get letters all the time on foreclosure. We don't want to lose our home and have to move. Can we file ch.13 on our home and still keep it? We have no savings, and no IRA. We live week to week on what my husband brings in trucking and the last year has been less and less due to the economy. He is 58 and I am 50, so getting another loan for a house at our age is probably out of the question. We really want to stay here. Can anyone help us?
  • After a motorcycle hit & run accident, I was unable to work/earn income for about 5 months. This has caused a huge issue with paying the bills. We have gone through a loan restructure. During that time, we got involved with a company called dealing with debt care. They allegedly contacted our creditors, I am still getting calls though which worry me a bit, to negotiate down the amount we owe. I’m not getting real good vibes. Should we just go the BK route or continue with this group?
  • I took out a 5 year personal loan 2 years ago for $13,000 using the equity in my automobile which was paid off. Last month the mechanic told me I needed a new engine in the car which would cost $6000 and I still owe close to $10,000 for the personal loan. I can not afford the monthly payments which are $424 plus the $6000 repair to continue driving the car. Are there any possible solutions to this financial nightmare I have
  • I don't want to file bankruptcy. I would like to know if my mortgage co forecloses on my condo - can they touch any of my assets like 401k, savings, cd pensions or wages?
  • My husband and I want to walk away from our mortgage but have some questions first. We live in Ventura. The mortgage is in his name only. Will it affect my credit at all? Also, we financed the entire loan including the down payment. This shows up as 2 loans since it is “interest only” for the first 5 years. I've heard that CA can't come after you for the balance as long as it’s the first mortgage and you've never refinanced. Will the down payment loan count as a second? Can CA come after us for that? Also, how would we make sure we weren't liable for the property after we move out? Would we sign a release of liability or something? Any information you can provide would be much appreciated and could change our lives.
  • I was wondering what the cost is to file with an Oxnard bankruptcy attorney and what information I need if I were to schedule an appointment.
  • I initiated a Loan Mod. process with a California law group six months ago. The person who took the intake, after hearing my situation, said that my loan (being a neg. option arm) was a slam dunk, no problem. So I went ahead and paid my money to start the process. Now they say the bank keeps denying my loan mod. And it’s all happening without any explanation. What can I do? Can you help me?
  • I have $10,000 in medical bills and I cannot pay the payments anymore. They are going to sue me now and garnish my wages. I am a single parent and cannot afford wages taken from me. Should I file bk?
  • Can you file for bankruptcy without your spouse?
  • I'm 34 years old and was out of work for most of 2009. Unable to pay my bills with unemployment, I fell into debt. I rent and lease a Mercedes that I can't afford and have about $7,000 in credit card debt and owe $10,000 to parents. I'm behind three rent and car payments and my current job doesn't pay enough to cover bills and it’s a fulltime job. My income is down by more than 2/3rds and I can't pay my bills. Should I file?
  • I have several medical bills I'm paying on. Some have fallen through the cracks and some went to collections which I am paying on. I had one that I just got served on and will be going to court on, however they wanted to set a payment plan up. But what they were asking for I'm unable to afford. My pay is above average but I'm supporting my whole household and making all the bills myself. If I go to court, do they take into consideration my debt to income ratio?
  • We have a house that was foreclosed on. We have already vacated the house as it has already been sold. One of our old neighbors contacted us and said that the sheriff had put a paper on our door. I went and got and it was a Detainer Summons from the bank that had financed the house. There is a court date set and the only thing it says is "Possesion Only" in the slot where it says "Rent payments of "Possesion Only" are due on..." My question is that we have already vacated the home and it has been sold, so do we still have to go to that court date and what is the purpose of the Detainer Summons for a foreclosure? I was just wondering if the only thing that they are wanting is "Possesion only" of the house and for us to vacate, we have already moved out. Can a lawyer contact anyone to find out more about what they are wanting as there is not any dollar amount listed anywhere on the summons.
  • I am currently waiting for my divorce to be filed. Paperwork was filed in February but still the divorce is pending a judge's signature. My problem is I'm drowning in credit card debt due to the divorce and am thinking of filing BK, but right now the house is still in my name alone. The file gives the house to my husband who is to take out a loan and remove my name from the deed. Can I still declare BK while the house is still in my name? He's making the payments since I have the file just waiting to be signed by a judge. Every month is getting tougher and tougher and I’d like to move on the BK process ASAP, but need to know about this issue. Can you help me out here? I live in Oxnard.


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