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Understanding Chapter 7 and Chapter 13 Bankruptcy
Bankruptcy provides two primary paths for debt relief: Chapter 7 and Chapter 13. Chapter 7, known as liquidation bankruptcy, allows qualifying individuals to discharge most unsecured debts within 3-4 months by potentially surrendering non-exempt property, though most people keep their essential assets through exemptions. To qualify for Chapter 7, you must pass the means test, which compares your income to state median levels. Chapter 13, called reorganization bankruptcy, enables individuals with regular income to create a 3-5 year repayment plan to catch up on secured debts like mortgages while potentially reducing unsecured debt payments. Chapter 13 allows you to keep all property while restructuring debts, making it ideal for those behind on house or car payments who want to avoid foreclosure or repossession.
Protection from Creditor Actions
Bankruptcy provides two primary paths for debt relief: Chapter 7 and Chapter 13. Chapter 7, known as liquidation bankruptcy, allows qualifying individuals to discharge most unsecured debts within 3-4 months by potentially surrendering non-exempt property, though most people keep their essential assets through exemptions. To qualify for Chapter 7, you must pass the means test, which compares your income to state median levels. Chapter 13, called reorganization bankruptcy, enables individuals with regular income to create a 3-5 year repayment plan to catch up on secured debts like mortgages while potentially reducing unsecured debt payments. Chapter 13 allows you to keep all property while restructuring debts, making it ideal for those behind on house or car payments who want to avoid foreclosure or repossession.
Special Considerations and Strategic Benefits
Bankruptcy impacts credit scores initially but often improves long-term financial health faster than struggling with overwhelming debt, with many clients qualifying for new credit within 1-2 years post-discharge. The process addresses complex situations including tax debts (some taxes can be discharged), protects Social Security retirement income from garnishment, and helps small businesses reorganize or wind down operations cleanly. California's community property laws require special consideration in bankruptcy planning, while advanced strategies like lien stripping in Chapter 13 can eliminate second mortgages when homes are underwater. Choosing between Chapter 7 and Chapter 13 depends on income levels, asset protection needs, and specific debt types, making experienced legal guidance essential for optimal outcomes.
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"Thank you so much for being such an awesome attorney. You have changed my preconceptions about lawyers in a positive way. Your expertise and dedication made all the difference in my case."
- James M.
The process went smoothly.
"If you make the difficult decision to file for bankruptcy, find a lawyer who is knowledgeable and responsive. Melanie was professional and seemed to be able to answer my questions without having to do research. The process went smoothly."
- Eric, Castro Valley, CA
Made a quick and easy!
"Melanie was professional and understanding throughout our entire process. She made a quick and easy file and was with us for every step. Our bankruptcy was processed and we received our discharge letter."
- James & June S., Pleasanton, CA
Why Choose Our Bay Area Bankruptcy Law Firm?
With over 15 years of dedicated bankruptcy law experience, Attorney Melanie Tavare understands the financial stress you're
facing.We've successfully helped over 1,000 Bay Area families eliminate overwhelming debt and start fresh.
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