Antioch, California Bankruptcy Lawyer

Dedicated Antioch Bankruptcy Attorneys Serving Antioch and Surrounding Communities

Antioch–with its rich history and magnificent landscape–is one of the oldest towns in California. Nestled within Contra Costa County, it remains one of the premiere suburbs of both San Francisco and Oakland.

Antioch is unique in many ways; however, like other towns across the country, its residents frequently have to deal with the issue of bankruptcy. For both citizens and businesses in the area, bankruptcy, unfortunately, sometimes cannot be avoided.

With a focus in bankruptcy proceedings, the Law Offices of Melanie Tavare has quickly become one of the top in the bay area. Our Antioch Bankruptcy Attorneys specialize in bankruptcy proceedings; specifically, Chapter 7 and Chapter 13 bankruptcy.

The Bankruptcy Process in Antioch, California

For individuals and married couples considering filing for bankruptcy, the process can be confusing and frustrating. Many find themselves in this position after losing their job or becoming buried in debt for other reasons. At The Law Offices of Melanie Tavare, we guide you through every step of the process and carefully explain your options, how Chapter 7 or Chapter 13 bankruptcy works, and how you can move forward managing your debt.  Our one-on-one attention provides our clients with the reassurance that they need to move forward–and move on–with their lives.

Bankruptcy is designed to allow debtors to obtain relief from some of their debts and creditors to obtain payments based on assets or property that the debtor does not need. However, it is crucial that you work with an experienced attorney so that you can decide if the process is appropriate for your needs concerning your property, and if so, which types of bankruptcy makes the most sense for you. Sometimes an attorney can not only help you file, but help you find alternatives to filing, if that better suites your needs.

The first step in asking a court to grant you a bankruptcy is to file a petition for Chapter 7 or Chapter 13 bankruptcy. The petition lists creditors who are then blocked from pursuing you for any debts–via an automatic stay–until the court lifts the stay it issues. However, this only provides protection for property you have equity in, for example, your own home.

Once a debtor has filed a petition asking the court to grant a bankruptcy, the case will be assigned to a bankruptcy trustee. The trustee will oversee the case and handle any issue that may arise throughout the proceedings. Often times the debtor does not even see the inside of a courtroom and deals directly with the trustee only.

With most bankruptcy proceedings, you simply need to attend a meeting whereby you are asked some questions about your financial situation by the bankruptcy trustee and attending creditor(s).

Antioch Chapter 7 Bankruptcy Attorney

Chapter 7 is the most common type of bankruptcy filed for. A Chapter 7 bankruptcy generally will discharge all of your debts but may also require that many of your assets be sold, or liquidated, in order to satisfy at least some of your creditors. In other words, the court sells your assets in order to pay your creditors, and in doing so, clears most-all of your debts. In bankruptcy, your assets are valued based on what they are currently worth, not what you originally paid for them.

Initially, the debtor must pass the means tests in order to qualify for a Chapter 7 bankruptcy. This test ensures that only those who need to file for bankruptcy can, and typically allows for the process to be concluded within four to six months.

Antioch Chapter 13 Bankruptcy Attorney

Chapter 13 bankruptcy allows you to create a repayment plan over three to five years (as opposed to going through the liquidation process under Chapter 7) so that you can keep your property and assets, where your monthly payment amount will be based on your current income. Like Chapter 7 bankruptcy, you also have to qualify to file for Chapter 13 bankruptcy based on what type of debt you owe.

What Happens To My Debts?

Filing for bankruptcy and obtaining a discharge effectively releases you as a debtor from relevant debts, meaning that creditors cannot come after you the debts that have been discharged. Bankruptcy can also prevent foreclosure on your home, repossession of other property such as your car, and wage garnishment.

However, it is important to note that certain types of debts cannot be discharged through the bankruptcy, such as certain student loans, tax-related debts, child support or alimony payments, and any money you owe due to fines or penalties, amongst others. However, California does provide for numerous exemptions in order to allow debtors to keep some of their property.

It is also important to know that you are allowed to own property after the bankruptcy is filed—in addition to any exempt property you owned beforehand. However, for 180 days after, any finances associated with property settlements, life insurance benefits, inheritances, etc. received may have to be paid to creditors, unless these acquisitions are exempt.

Reach out to an Attorney at the Law Office of Melanie Tavare

Bankruptcy should never be approached on your own with the assistance of an experienced attorney who focuses on bankruptcy, specifically. Filing can be a complicated process, and requires that you have lived in your current state—where you are filing—for at least 91 days. In addition, if you have lived here for less than two years, this also affects the exemptions you rely on in the process.

We at the Law Office of Melanie Tavare are dedicated to providing high quality legal representation at competitive prices. Contact us today by phone at 510-255-4646 or online. One of our experienced bankruptcy attorneys will guide you step by step through the process.