Consumer Bankruptcy Lawyers in El Monte, California
Bankruptcy is a legal procedure that allows an individual or business to have some or all of their debts discharged. It is typically considered as an option of last resort, because while it can stave off financial disaster, it has some substantial long-term consequences warranting careful consideration of the costs and benefits. Bankruptcy is a creation of federal law, and goes through federal courts. Therefore, the procedure governing bankruptcy in California will be roughly the same as it is anywhere else in the U.S. But individual courts have different rules for what property is exempt, so you should consult a local El Monte, California before you file.
Chapter 7 Bankruptcy in El Monte, California
There are 2 typical forms of consumer bankruptcy in El Monte, California: Chapter 7 and 13. Chapter 7 bankruptcy involves a liquidation of some of the debtor's assets, which pays off part of his or her debt. Once this is done, the remaining debt is excused. Fortunately for debtors, many types of property are exempt from liquidation, including homes, vehicles, necessary personal items, and retirement accounts.
Once all non-exempt assets are sold, and the money from the sales turned over to the creditors, most remaining debt is excused. But some types of debt cannot be discharged through Chapter 7 bankruptcy. These include child support payments, student loans, and criminal fines, among others. If most of your El Monte, California debts are not dischargeable, you might want to consider options other than bankruptcy.
Chapter 13 Bankruptcy in El Monte, California
Chapter 13 Bankruptcy in El Monte, California is very different from Chapter 7. Whether or not it is a better option is highly dependent on the facts of each distinct case. Chapter 13 does not excuse debt, but restructures it instead. Typically, various debts are consolidated into a single monthly payment. This is designed to make the debt more manageable, giving the debtor the chance to pay off the debt over a longer period of time, without all of it coming due at once. This is typically manageable, as long as the debtor can make some sacrifices.
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Which Type of Consumer Bankruptcy Should I File in El Monte, California
This depends entirely on the facts of your specific case. If you have a decent amount of steady income, and a large amount of non-exempt property which you don't want to part with, Chapter 13 might be the best option for you. If most of your property is exempt, and you don't have much steady income, Chapter 7 might be the best option.
Regardless of your situation, you should speak with an attorney in El Monte, California who is experienced in bankruptcy before making a decision. They will be able to advise you of your options, and the likely results of each one, allowing you to make a much more informed decision.
45 Bankruptcy, Banking and Credit cases posted to LegalMatch lawyers in El Monte
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Life in El MonteEl Monte is near Los Angeles, California and home to approximately 113,475 residents. It is known as a friendly area that lies in the San Gabriel Valley region of east Los Angeles.
Popular attractions in El Monte are the American Heritage Park and Museum, Rose Hills Memorial Park, El Monte Historical Museum, Whittier Narrows Nature Center and Wildlife Sanctuary, American Society of Military History, and The Rawhide Ponies.
Top employers in El Monte include Wells Fargo, Vons, Toyota, Lexus, Cathay Bank, and elementary and high school districts.
El Monte is home to many small law offices, with competent attorneys practicing in most areas of law. If need be, residents may look to larger firms located in Los Angeles as well. Overall, the legal force within and near El Monte, California is very strong and capable of handling all legal inquiries.