Consumer Bankruptcy Lawyers in Emeryville, California

Emeryville 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 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 Emeryville, California before you file.

Chapter 7 Bankruptcy in Emeryville, California

There are 2 common forms of consumer bankruptcy in Emeryville, 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 types 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 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 Emeryville, California debts are not dischargeable, you might want to consider options other than bankruptcy.

Chapter 13 Bankruptcy in Emeryville, California

Chapter 13 bankruptcy in Emeryville, 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. Usually, all of the debts are consolidated into 1 periodic payment. While this might 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 Emeryville, California

Chapter 13 is usually a good option for people who have a steady income, and a large amount of non-exempt property that they can't part with. On the other hand, if most of the debtor's property is exempt, and he or she does not have a steady income, Chapter 7 might be more beneficial.

Regardless of your situation, you should speak with an attorney in Emeryville, California who is experienced in bankruptcy before making a decision. They will be able to advise you of your options, and the likely consequences of each one, allowing you to make a much more informed decision.

19 Bankruptcy, Banking and Credit cases posted to LegalMatch lawyers in Emeryville

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Life in Emeryville

Emeryville, California is a city in Alameda County, California. It is directly adjacent to the city of Oakland, which is one of the largest cities in the San Francisco Bay Area. Its population is about 10,000 people.

Human habitation of the area now known as Emeryville dates back thousands of years. The first European settlers to the area were the Spanish, who arrived in 1776 and established a military an missionary presence.

Modernly, Emeryville, California is known for being the home of some of the few remaining salt marshes and undisturbed mud flats in North America, which provide an important habitat for migratory birds and other valuable wildlife. Many local Emeryville, California environmental lawyers were responsible for helping to establish these nature reserves.

If you live in Emeryville, California and find yourself needing legal services, you should speak with a competent and experienced Emeryville, California attorney as soon as possible.

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