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Rebuilding Financial Stability
CHAPTER 7
Chapter 7 bankruptcy is also known as personal bankruptcy. It can help you stop garnishments, foreclosure, debt collectors and lawsuits. You must qualify, however. Whether or not you do is based on your income and your assets.
Personal Bankruptcy — Chapter 7 Bankruptcy. We can help you stop garnishments, stop foreclosure, stop debt collectors, and stop lawsuits by having the bankruptcy lawyers at Westgate Law file chapter 7 bankruptcy for you.
Whether or not you qualify for Chapter 7 bankruptcy will depend on two factors: (1) income and (2) assets.
Income. When your currently monthly income is less than the median household income for a household of your size in your state, you pass the income test. You do not need to complete the rest of the required bankruptcy income test.
When your income exceeds the state median, the test to qualify becomes more complicated. We need to determine whether you have enough income left over (called “disposable income”) to pay back some or a portion of your debt. If you disposable income is beyond this threshold, you may not be eligible for Chapter 7 bankruptcy protection.
Assets: California has very liberal bankruptcy asset protection laws. You can protect retirement accounts, workers compensation awards, vehicles and homes. We will need to ask you a thorough series of questions to confirm you are able to protect all your assets. In cases in which some assets would not be eligible for protection, we can discuss how to legally and properly protect those assets.
Once we determine you are clear on both income and assets, you are free to file for Chapter 7 bankruptcy protection.
To determine if you qualify for Chapter 7 bankruptcy, consider the following criteria:
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Means Test: You must pass the means test, which evaluates your income, assets, and expenses. If your income is below a certain threshold, you may qualify.
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Previous Bankruptcy Filings:
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You cannot have completed a Chapter 7 bankruptcy in the past eight years.
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You cannot have filed for Chapter 13 bankruptcy within the past six years.
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You must not have filed a bankruptcy petition (either Chapter 7 or 13) in the previous 180 days that was dismissed due to non-compliance or voluntary dismissal1.
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Here are the steps to file for Chapter 7 bankruptcy:
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Credit Counseling: Before filing, complete pre-file bankruptcy counseling from a qualified nonprofit credit counseling agency within 180 days.
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: FIND AN ATTORNEY: NUNEZ GALICIA LAW has qualified bankruptcy attorney to guide you through the process. Proper legal assistance is crucial to avoid errors in paperwork.
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File Paperwork: Your attorney will help you file the necessary petition and other paperwork1.
Remember that Chapter 7 bankruptcy can wipe out many unsecured debts (like medical bills, credit card debt, and personal loans), but it will leave a significant mark on your credit reports for 10 years. Despite this, your credit scores may start to recover in the months following the filing1. If you’re unsure, consulting with a bankruptcy attorney at NUNEZ GALICIA LAW They can assess your specific situation and guide you through the process.