Credit Cards, Medical Bills, Some Judgments, Repossession Debt, ISF Checks, Eviction or Broken Lease Debt, Past Due Utilities, Some Taxes, Personal Loans, Late fees. This is only a partial list. Most contracts can be discharged. La Mesa, Get Your Bankruptcy Questions Answered. Bankruptcy La MesaLa Mesa, Get Your Bankruptcy Questions Answered. Bankruptcy La Mesa

I will review each item with you that are dischargeable under Chapter 7. 

Answer:

Student Loans, Alimony (Spousal Support), Child Support, most charges within 90 days of filing bankruptcy, failure to neither list nor schedule a creditor and have that creditor notified of the bankruptcy filing. Judgments for death or personal injury caused by the the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or drugs, a drug or another substance or Malicious Conduct, Debt incurred under False Pretenses, (example: you get a loan knowing you are filing for bankruptcy or getting a loan based on a false income statement), some taxes (income taxes less than 3 years due and owing and trust fund taxes).

Answer:

Yes, if you are current with your mortgage payments and your real property taxes assessed against your home. If you are not current with those creditors, you will probably need to file under Chapter 13 unless we can work out an agreement with them.  The good news is that most banks don't want your home back like they did years ago. Many of them are willing to work with you or even reduce the interest or amount owed.

Answer:

Not if you are current with your car payments and intend to continue making payments until the car note is paid in full. Whether or not you are current with your car payments, you may want to file Chapter 13 in order to modify your car loan, or to pay the arrearages and continue making future car payments.  Most cases you can keep your car depending on the net value.

Answer:

No, with a few important exceptions. Finance companies including credit card lenders, sometimes have a security interest in various items of personal property. This should be listed on a schedule as collateral when the loan was disbursed. It is then you will be required to make payments on the loan or you could lose the items you have pledged (i.e., boat, some type of art collection, household goods, TV's, VCR's) personal property. Please keep in mind that the fair market value of most collateral is generally considerably less than the balance of the loan. If this is true you may want to consider filing Chapter 13 in order to modify the loan amount and to lower monthly payments. One exception are money-purchase liens, i.e., liens on the purchase of personal property such as seller financing on TV's, stereo, furniture and computers. You may either continue with your monthly payments on such items, return them, or file for a Chapter 13 to pay any arrearages or to modify the financing and lower the monthly payment.

Chapter 13 at times offer some benefit that Chapter 7 doesn't.  Also for some debtors it may be beneficial to file a Chapter 13 and convert it to a Chapter 7 in order to safe guard certain personal property or real property.

Answer:

YES!!!!! As soon as you file your petition, the automatic stay will legally protect you. The automatic stay will prevent your creditors from calling or writing you.  However you must have listed the debts as required. If the debt is listed they can NOT continue to call or contact you.  That why it is so important to list all of your debts that are required by law!

Answer:

The filing fee for Chapter 7 is $299.00 and this is required up front by the Court, regardless of your legal fees. This amount can not be paid by credit card, or check. You will be required to pay my office for the filling fee in cash or you can get a money order in that amount. As for the amount of your legal fees and payment arrangements for paying my fees this is  based on the complexity of your case. Reasonable payment plans are available through my office.

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Probably not, to the extent that a stock bonus, pension, profit sharing, annuity, or similar plan is reasonably necessary for the support of the debtor and any dependent of the debtor.  Most people end up keeping their retirement plan intact.

Answer:

No! Unless there is something very unusual about it.  Again it is important to list everything you have as an asset as much as it is to list your debts.