Chapter 7 Bankruptcy

If credit cards, medical bills and personal loans have outgrown what you earn, Chapter 7 bankruptcy may be the fastest route to a fresh start. A bankruptcy lawyer can confirm whether you qualify under the means test, explain which property California exemptions protect, and file the case that stops collection activity.

Discharge Unsecured Debt

Protect Exempt Property

Stop Creditor Contact

Free Case Evaluation

    HOW CHAPTER 7 BANKRUPTCY WORKS

    Chapter 7 bankruptcy is a liquidation case built to eliminate unsecured debt in months rather than years. For most filers the case runs roughly four to six months from filing to discharge.

    Eligibility is decided by the means test, which measures your household income against the California median for a household of your size. Income above the median does not automatically disqualify you — allowable deductions often change the result.

    Filing does not mean losing everything. California exemptions protect equity in a home, a vehicle, household goods, tools of the trade, and retirement accounts such as 401(k)s and pensions.

    The moment the petition is filed, the automatic stay takes effect and halts most collection calls, lawsuits, wage garnishments and bank levies while the case proceeds.

    Debts Chapter 7 Can Discharge
    Credit card balances, medical bills, personal loans, payday loans, old utility bills and deficiency balances are typically wiped out by a Chapter 7 discharge.

    The Means Test
    Household income is compared to the California median. A bankruptcy lawyer applies the allowable expense deductions that can qualify a household earning above it.

    California Exemptions
    California offers two exemption systems and you choose one. The choice decides how much home equity, vehicle value and personal property you keep.

    Debts That Survive Filing
    Most student loans, recent income taxes, child and spousal support, and court-ordered restitution are generally not discharged in Chapter 7.

    image (9)

    THE CHAPTER 7 PROCESS

    1

    Consultation

    Review your income, debts, assets and goals, and confirm whether Chapter 7 is the right chapter for your situation.

    2

    ELIGIBILITY & PREPARATION

    Complete the means test and credit counselling, gather documents, and prepare your petition, schedules and exemption claims.

    3

    FILING & 341 MEETING

    Your case is filed, the automatic stay begins, and you attend the meeting of creditors with your bankruptcy lawyer.

    4

    DISCHARGE

    After the trustee completes their review and you finish the debtor education course, the court enters your discharge order.

    Why Clients Choose Our Firm

    • Free initial consultation
    • Experience handling Chapter 7 bankruptcy cases across Alameda County
    • Clear answers on what you keep and what is discharged
    • Careful exemption planning before your case is filed
    • Direct attorney contact from first call to discharge

    CHAPTER 7 BANKRUPTCY FAQ

    Meet Your Debt Relief Attorney

    Melanie Tavare

    Melanie Travare

    Principal Attorney & Founder

    Melanie Tavare helps East Bay residents clear unsecured debt through Chapter 7 bankruptcy. She confirms eligibility under the means test, applies California exemptions carefully, and guides clients from the first consultation through to discharge

    Callbar Member

    LEGAL AND FINANCIAL RESOURCES

    Timing

    U.S. Trustee Program — Means Testing
    https://www.justice.gov/ust/means-testing

    Timing

    Consumer Financial Protection Bureau (CFPB)
    https://www.consumerfinance.gov/consumer-tools/debt-collection/

    Timing

    National Foundation for Credit Counseling (NFCC)
    https://www.nfcc.org/