The primary types of bankruptcy our San Diego bankruptcy attorneys handle are Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. Here are the most frequent questions concerning bankruptcy we receive in our practice.
Do I qualify to file bankruptcy?
To answer this question we would have to discuss with you the situation you are currently in. Not everyone qualifies for bankruptcy protection. And just because you might not qualify for a Chapter 7 doesn’t mean you do not qualify for a Chapter 13. In order to determine if you qualify we must do what is called a means test. This basically requires us to weigh your debts and expenses to your income. From there we can get a better idea if you qualify. Call us today to setup a consultation or speak over the phone to determine whether you qualify — FOR FREE.
How long does a bankruptcy take?
After we have received all the necessary documents from you, and filed your petition you will have a meeting of the Creditors (341 hearing). This meeting is usually 4-6 weeks after the date of filling your petition. You will usually receive your final bankruptcy discharge 8-12 weeks after the 341 hearing. So in total you are looking at 12-16 weeks from start to finish.
How much does a bankruptcy cost?
The cost of a bankruptcy differs depending on what Chapter we have to file under. The bankruptcy court charges a $299.00 filling fee that must be paid to our office and then we will pay it to the Court. The Court will not accept personal checks from debtors. Our costs are usually a flat rate for most cases and are very competetive with other attorney’s in the area. We also work with our clients to setup a payment plan that will allow the flexibility you might require.
Can I pay with a Credit Card?
We do accept credit card payments for legal fees. However, in the case of a bankruptcy we by law are not allowed to do so.
Will I be able to keep my house, my car, etc?
The bankruptcy code allows you to “exempt” certain items when filing for bankruptcy. Basically what this means is that you have the ability to keep certain possessions out of the bankruptcy. Bankruptcy code limits the amount in which you can claim as exempt. You can also keep your house as long as you can keep current with your payments. The only complication can be if there is any equity in the house. This is generalized information and is not the case for every person. Please call us to discuss your unique situation.
