Sacramento Attorney At Law Alex Leon will ensure all Bankruptcy options are thoroughly explained & clearly understood. Please review our information below regarding bankruptcy & contact us today to help find an immediate solution.
2005 Bankruptcy Act Credit Counseling
In 2005, Congress passed a Bankruptcy Act which changed how people file for bankruptcy. This Act mandates all individual debtors to consult a nonprofit credit counseling agency within six months before filing for bankruptcy relief & to complete a financial management instructional course after filing bankruptcy. Counseling requirements explore options of paying debt before filing for bankruptcy, and after filing, to provide guidance in managing finances.
Gathering Paperwork
To begin a bankruptcy process, itemization of current income sources, major financial transactions for two previous years, monthly living expenses, debts and property must occur. Collection of tax returns for two previous years, deeds to any real estate owned, car(s) titles, & documents for any loans is also required. Find every creditor! Attorney At Law Alex Leon can assist in this process for efficient compliance.
Filing Bankruptcy
After gathering information, determine which property is exempt from seizure based on California exemptions. Sacramento Bankruptcy Attorney At Law Alex Leon shall submit a two-page petition along with several other forms in California’s district bankruptcy court. These forms, collectively referred to as schedules, would ask to describe current financial status & recent financial transactions. If creditors or a judge feel or find out that the filing has not been entirely forthcoming in this bankruptcy, it could jeopardize petition outcome.
2005 Bankruptcy Act Means Test
A means test analyzes income & expenses to determine qualification to file Chapter 7 or Chapter 13. The difference generally depends on income. In order to file for Chapter 13, a reliable source of income that can be used to repay some portion of identified debt must be identified. Essentially, a means test categorizes debtors as eligible or ineligible to claim that they lack income to pay debts. Attorney At Law Alex Leon can determine which option or solution would work best using this test as a benchmark.
Automatic Stay
An automatic stay offers potent legal protection against bill collectors. Once Sacramento Bankruptcy Attorney At Law Alex Leon has submitted paperwork with a bankruptcy court, it immediately goes into effect. Such a provision prevents creditors from making direct contact or staking a claim of property. An automatic stay may provide a powerful reason to file for bankruptcy, especially if at risk of being evicted, being foreclosed on, being found in contempt for failure to pay child support, or losing such basic resources as utility services, welfare, unemployment benefits, or actual employment.
Bankruptcy Trustee
Upon filing, a court assumes legal control of debts & property not covered by California exemptions, where a trustee will be appointed. The job of a trustee is to see that these creditors are paid as much as possible. This person thoroughly reviews submitted paperwork, particularly such assets in possession along with exemptions claimed & can challenge any element of said case.
We are on your side to help make the best informed decision for you & your family. Let Attorney At Law Alex Leon in Sacramento take the bankruptcy stress off of you immediately!
COMPLETE OUR CONTACT FORM OR CALL TODAY FOR A FREE BANKRUPTCY CONSULTATION IN OUR SACRAMENTO OFFICE AT 916-444-2488