Find a Bankruptcy Lawyer in Santa Rosa, California
In Santa Rosa, California, bankruptcy is a court procedure in which a person or business has some or all of their debts excused (or "discharged"), theoretically allowing them to start with a clean slate, and move on with their lives no longer drowning in debt (and hopefully having learned to better manage their use of credit in the process). Remember, though, that bankruptcy should not be viewed as a convenient way to get out of debt that you don't feel like paying back. It is meant to serve as an option of last resort for people and businesses faced with debt that they will probably never be able to pay back. The decision to file for bankruptcy can result in negative consequences, such as damaged credit ratings, which must be seriously weighed against the potential benefits.
For that reason, it would be prudent to speak with a good Santa Rosa, California bankruptcy attorney. This attorney will be able to advise you as to whether or not filing for bankruptcy is a good idea, given your particular situation. This determination is highly dependent on the details of each individual case, so a Santa Rosa attorney's advice is truly indispensable.
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Types of Bankruptcy in Santa Rosa, California
There are three basic bankruptcy schemes that are most commonly used in Santa Rosa: Chapters 7, 13, and 11. Bankruptcy is a creation of federal law, so the procedure for filing for bankruptcy in Santa Rosa, California will be roughly the same as it would be anywhere else in the U.S. Chapter 7 bankruptcy requires the debtor to liquidate some of his or her property, and use the proceeds to pay creditors. While this doesn't sound like much of a relief at first glance, the upshot is that once the eligible property is sold, and the proceeds given to the creditors, all of the debtor's eligible debts are deemed paid in full, regardless of how much the creditors actually ended up getting. Not all of the debtor's property has to be sold off - the debtor will usually be allowed to keep things like a house, at least one car, some types of personal property, retirement accounts, and insurance policies. It should be noted that some debts are not dischargeable, and will have to be paid in full even if the debtor files for bankruptcy. This includes student loans, taxes, and criminal fines.
The other commonly-used bankruptcy system in Santa Rosa is Chapter 13 bankruptcy. This allows a debtor to repay most or all of their debts in a structured manner. It reorganizes the debt into lower periodic payments that, with a bit of frugality, the debtor should find manageable. This allows the debtor to continue to earn a living, and allows the creditors to eventually collect what they are owed. Once a repayment plan is approved by the bankruptcy court, creditors are legally barred from seeking repayment under the terms of the agreements that gave rise to the debt in the first place, and will instead have to accept payment under the new plan. Chapter 13 bankruptcy is usually a better option for people who have a steady income. Chapter 11 bankruptcy is primarily used by businesses, though it can be used by individuals (which is quite rare). Chapter 11 bankruptcy requires that the debtor come up with a reorganization plan - essentially telling the court how they propose to cut costs, streamline their operations, and pay their debts. This plan must be approved by the participating creditors through a simple majority vote.
A major advantage of Chapter 11 bankruptcy is that businesses can continue their operations while going through the process. Also, they can continue to buy and sell their stock.
How Can a Santa Rosa Bankruptcy Lawyer Help?
Filing for bankruptcy in Santa Rosa is a very important decision, and should not be made lightly. Before filing, one should consult with a good Santa Rosa bankruptcy attorney for advice.
There are 108 Bankruptcy, Banking and Credit cases posted in Santa Rosa
Cases Posted to LegalMatch listed by ZIP Code:Bankruptcy Attorneys in the Largest CA Cities
Life in Santa Rosa
Santa Rosa, California is a city in Sonoma County, in the far northern portion of the San Francisco Bay Area. With a population of about 162,000 people, it is the fifth-largest city in the Bay Area.Santa Rosa's first known permanent settlement came in the 1830s, and it began to grow after California achieved statehood. In 1867, Sonoma County officially incorporated it as a city. The 1906 San Francisco Earthquake essentially destroyed the downtown area of Santa Rosa. In addition to destroying much of San Francisco, that earthquake heavily damaged almost every other city in the Bay Area.
Modernly, Santa Rosa is known for the natural beauty just outside the city, in the form of rolling hills and miles of undisturbed wilderness. Santa Rosa, and the rest of Sonoma County is internationally renowned as a wine-making region, with scores of vineyards and wineries nearby.
If you live in Santa Rosa, California and need an attorney, the chances are good that you'll be able to find one. The thriving and diverse economy of the Bay Area, and Santa Rosa's status as one of the outlying population centers of that area, ensure that Santa Rosa, California lawyers are very sophisticated and well rounded. If you have any type of legal problem, and need help with it, a Santa Rosa, California lawyer is the person to call.
