Redlands Chapter 7 Bankruptcy Attorneys
Hire an Inland Empire Lawyer with Over 30 Years of Experience
Do you have a mountain of debt that you cannot pay off? Are you worried about the financial future of your family? Filing for Chapter 7 bankruptcy may be the solution to your financial problems. This process may help give you and your family a fresh start. But you may also need the help of a qualified Redlands Chapter 7 bankruptcy attorney.
At Dolen, Tucker, Tierney & Abraham, APLC, we work hard to help families and businesses with their legal needs. Serving the Inland Empire since 1973, our attorneys are ready to handle your legal issues. We can help your family weather and overcome your financial hardship.
What Is Chapter 7 Bankruptcy?
There are two main types of bankruptcy filings available to individuals and businesses with debt troubles and Chapter 7 is the most common. In 2016, almost 795,000 Americans filed for bankruptcy. Nearly 62 percent of those filings were for Chapter 7. This Chapter allows filers to eliminate debt and protect exempt property. Most people filing for Chapter 7 in our district are not required to sell any property. If so, proceeds from these sales would go to creditors. Unsecured debt that is not paid in the bankruptcy is discharged by court order. This allows you to get a fresh start while keeping all your exempt property.
How to file for chapter 7 bankruptcy in CA
Here is guidance on how to file for Chapter 7 bankruptcy in California:
- Eligibility Requirements: To file for Chapter 7 bankruptcy in California, individuals, married couples, or small business owners can apply. It's important to pass the Means Test to demonstrate insufficient income for repaying debts.
- Filing Process: The cost for filing a Chapter 7 bankruptcy in California typically involves a $306 fee, which may be paid in installments. Gathering necessary documents, completing required paperwork, and meeting with credit counseling course requirements are essential steps in the filing process.
- Free Filing Options: Individuals seeking to file for bankruptcy in California without incurring fees can explore options such as taking a credit counseling course, gathering bankruptcy documents, and obtaining the filing fee or applying for a fee waiver.
What Qualifies as Exempt Property?
If property is not protected by an exemption, a court appointed Chapter 7 trustee will sell non-exempt property to pay down your debt. This may seem like a scary process at first, but California has a sizable list of exempt property that trustees cannot seize and sell.
This list of exempt property and assets includes, but is not limited to:
- Home equity, up to a set amount
- Vehicle equity, up to a set amount
- Most household furniture, appliances, and personal items
- Social Security benefits
- Disability benefits
- Retirement accounts such as 401ks and IRAs
- Pensions
- Qualified retirement plans
- Trade tools
- Alimony
- Child support
California determines these exempt items from two lists:
- The state law exemptions in the Code of Civil Procedure section 704, and
- The bankruptcy-only exemptions in Code of Civil Procedure section 703.140 (the dollar amount of the exemption is updated every 3 years).