Everyone has bills. The problem is when those bills become too much, when they pile up and it’s harder to make payments each month, and keep up with the penalties and interest from missed payments. But if you’re in this situation, you still have one more option: Bankruptcy. Many people worry about the long-term effects of bankruptcy, and it’s not necessarily an easy or simple process to go through. Not everyone qualifies to file for bankruptcy, and some people qualify for different types of bankruptcy, but a Fremont Chapter 7 bankruptcy attorney can help guide you through the process.
The first step in filing for bankruptcy is to determine what type of bankruptcy is right for your financial situation. Many Fremont residents file for Chapter 7 bankruptcy, which is a type of bankruptcy reserved for individuals rather than business entities. To be eligible to file for Chapter 7 bankruptcy, a debtor must prove to the court that he or she has an income that is less than the median in California for a household of his or her size, and that the debtor is unable to pay his or debts using available disposable income.
If a debtor meets those minimum qualifications, the court will accept the bankruptcy petition and begin determining what debts are eligible to be discharged.
Chapter 7 bankruptcy allows a debtor to discharge many types of unsecured debts, such as credit cards. However, it’s important to note that many types of debt survive Chapter 7 bankruptcy, including:
Because not all debt is equal in the eyes of a bankruptcy court, it’s important to gather as many financial records as possible before filing for Chapter 7 bankruptcy to determine which debts will and will not be discharged. These assets will also need to be submitted to the bankruptcy trustee, and some may be sold off to be pay certain debts before other debts are discharged. It’s an oftentimes complicated process that a Fremont Chapter 7 bankruptcy attorney can assist with.
But once the process is complete, you can begin your financial life anew with a clean slate. It takes time to rebuild credit history following Chapter 7 bankruptcy, but you will now have fewer bills to pay and creditors harassing you for payments.
If you’re a Fremont resident thinking about filing for Chapter 7 bankruptcy, contact the Law Offices of Melanie Tavare today. Our experienced legal team understands the pressures you are facing, and have years of experience in bankruptcy law. We will work closely to determine the best course of action in your case. Contact us today to schedule a free consultation.