The Hemet Law Firm of Bloom & Rudibaugh A.P.C. provides expert legal advice and counsel on the many surrounding bankruptcy issues. These include:tangible and intangible debtor assets, and creditor rights. Are you worried about losing your home? Are your wages being garnished or are you being threatened by creditors? Our Hemet bankruptcy lawyers can assist you in the execution of Automatic Stays (an injunction that automatically stops lawsuits, foreclosures, garnishments and all collection activity against the debtor the moment a bankruptcy petition is filed). We can help if you are in this type of position and you’re considering filing for bankruptcy in Hemet, San Jacinto, Perris, Temecula, Murrieta, or Riverside County, CA.
Our Hemet attorney office focuses on the following types of bankruptcy filings: Chapter 7Bankruptcy, and Chapter 13 Bankruptcy. Here is more information about these two types of bankruptcy.
Attorney Advice On Chapter 7 Bankruptcy
Chapter 7 Bankruptcy is the most common form of bankruptcy filing, and it is sometimes known as a “Straight Bankruptcy”. Under Chapter 7 of the Bankruptcy Code, all exempt property of the debtor is kept by the debtor. In most Chapter 7 Bankruptcy cases, the debtor keeps his assets and gets a “fresh start”.
Under Chapter 7 Bankruptcy, the debtor receives a discharge on all dischargeable debts, and is able to reaffirm certain debts like auto loans.
Attorney Advice On Chapter 13 Bankruptcy
This chapter of the Bankruptcy Code provides for adjustment of debts of an individual with regular income. Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years. Chapter 13 Bankruptcy is a debt adjustment procedure for individuals with regular income, who have unsecured and secured debts at certain statutory limits.
Filing For Bankruptcy in Hemet/Temecula
Filing bankruptcy can only be done in federal court, which in the Hemet area is done at the Riverside Bankruptcy Court, the individual states are not authorized to enact their own bankruptcy laws. Certain variations are allowed to individual states relating to what assets an individual debtor is allowed to keep (“exemptions”).
Will My Creditors Stop Harassing Me?
Yes they will. By law, all actions against a debtor must cease once the Bankruptcy Petition is filed. Creditors cannot initiate or continue any lawsuits, wage garnishes, or even telephone calls demanding payments. Secured creditors such as banks holding e.g. a lien on a car, may request relief from the stay under certain circumstances.
Schedule a Hemet Bankruptcy Attorney Consultation
Call our Hemet CA law offices today at 951-652-1400 or our Murrieta/Temecula office at 951-296-5360 to discuss your bankruptcy needs with our staff of experienced Hemet attorneys. We provide free bankruptcy consultations and we are here to help you.