Consumer Bankruptcy Lawyers in Elk Grove, California

Elk Grove Consumer Bankruptcy Lawyers, CA

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Bankruptcy is a legal procedure that allows an individual or business to have some or all of their debts discharged. It is usually considered as an option of last resort, because while it can stave off financial disaster, it has some significant long-term consequences warranting careful consideration of the costs and benefits. Bankruptcy is a formation of federal law, and goes through federal courts. Therefore, the process governing bankruptcy in California will be roughly the same as it is everywhere else in the U.S. But individual courts have different rules for what property is exempt, so you should consult a local Elk Grove, California before you file.

Chapter 7 Bankruptcy in Elk Grove, California

There are 2 common types of consumer bankruptcy in Elk Grove, 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 discharged. Fortunately for debtors, many forms of property are exempt from liquidation, including homes, vehicles, essential 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 discharged. But some forms 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 Elk Grove, California debts are not dischargeable, you may want to consider options other than bankruptcy.

Chapter 13 Bankruptcy in Elk Grove, California

Chapter 13 bankruptcy in Elk Grove, California is markedly different. It may or may not be a better option than Chapter 7, depending on the facts of your particular case. Chapter 13 does not eliminate any debt, but it creates a new payment plan that should give the debtor some breathing room. Typically, all of the debts are consolidated into 1 periodic payment. While this may make it take longer to pay off the debt, if the debtor is willing to make a few sacrifices, the plan should be manageable.

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Which Type of Consumer Bankruptcy Should I File in Elk Grove, California

Which Bankruptcy type to file under depends strongly on the facts of each individual case. If you have a stable stream of income (enough to make a payment plan manageable), and a large amount of non-exempt property that you don't want to part with, Chapter 13 may be best for you. If you don't have a stable income or large amounts of non-exempt property, you may be better off filing for Chapter 7.

In any case, it would be a good idea to consult a local bankruptcy lawyer in Elk Grove, California. Your lawyer can make an educated judgment as to what your best option is, and advise you accordingly (of course, the choice to file for bankruptcy is ultimately yours).

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Life in Elk Grove

Elk Grove, California is a city in Sacramento County, located just south of Sacramento, the state capital. It currently has a population of about 153,000 people. 

Elk Grove was founded in 1850, as a stage coach stop, around which the town initially developed. 

Modernly, Elk Grove is generally considered a bedroom community of Sacramento. This means that it is mostly residential, with its residents commuting to Sacramento for their jobs. Because it is the capital of the largest state in the country, many state employees, in a wide range of industries, work in Sacramento, but live in Elk Grove. The State of California employs a large number of Elk Grove, California attorneys, who perform a wide variety of functions.

Of course, many Elk Grove attorneys also work in private practice. So, the residents of Elk Grove, California who need a lawyer will almost certainly be able to find a capable attorney who has experience in the relevant area of law.

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