Consumer Bankruptcy Lawyers in Oceanside, California
Bankruptcy is a legal procedure that allows an individual or business to have some or all of their debts discharged. It is normally considered as an option of last resort, because while it can stave off financial disaster, it has some considerable 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 Oceanside, California before you file.
Chapter 7 Bankruptcy in Oceanside, California
In Oceanside, California, there are 2 common types of commonly-used consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves liquidation of some of the debtor's assets. It requires some percentage of the debtor's property to be sold in order to pay off as much of his or her debt as possible. However, the majority of property that most people own is exempt. This normally includes homes, vehicles, insurance policies, and retirement accounts. These do not have to be sold.
Once the qualifying property is sold, and the funds transferred to the creditors, the dischargeable debt is cleared. Some forms of debt, however, can't be absolved in Chapter 7 Bankruptcy in Oceanside, California. These include student loans, criminal fines, and taxes, among others. If most of your debt can't be absolved, Chapter 7 may not be the best choice for you.
Chapter 13 Bankruptcy in Oceanside, California
Chapter 13 bankruptcy in Oceanside, California is markedly different. It may or may not be a better option than Chapter 7, depending on the facts of your individual case. Chapter 13 bankruptcy does not excuse debt, it restructures it. This involves a court coming up with a altered repayment plan designed to be manageable for the debtor. This new plan sets aside the terms of the original contracts that created the debt in the first place. This creates a new payment structure, normally involving a single monthly payment, that the debtor should find manageable.
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Which Type of Consumer Bankruptcy Should I File in Oceanside, California
Chapter 13 is normally a good option for people who have a stable 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 stable income, Chapter 7 might be more beneficial.
Regardless of your situation, you should speak with an attorney in Oceanside, California who is accomplished in bankruptcy before making a decision. They will be able to advise you of your options, and the likely outcomes of each one, allowing you to make a much more informed decision.
Consumer Bankruptcy Attorneys in the Largest CA Cities
Life in OceansideOceanside, California is the third-largest city in San Diego County. Its population is just under 180,000 people.
Oceanside is located near Camp Pendleton, which is the busiest, and one of the largest, military installations in the U.S., and a major source of the area's economic activity.
Oceanside, California was originally settled by Europeans in 1769, when Spanish missionaries arrived in the area, though the area had been populated by Native Americans for thousands of years before, and became part of Spain's North American empire. In 1821, when Mexico gained independence from Spain, the area now known as Oceanside, and the rest of California, became part of Mexico. The area fell under U.S. control after Mexico lost the Mexican-American war.
This led to a land rush into the newly-acquired territories by American settlers. By the early 20th Century, Oceanside began to develop into the beach community that we would recognize today.
Oceanside has a climate which, for many people, is nearly perfect, with temperatures rarely exceeding 80 degrees, or dropping below 40 degrees, coupled with small amounts of rain.
Oceanside, California is a very attractive area to live, owing to its proximity to one of the largest cities in the U.S., and its mild climate. It should be no surprise, then, that given its fairly large population, and attractive living conditions, many Oceanside, California lawyers practice in the area. An Oceanside, California attorney can handle just about any legal issue a resident of the area is likely to face.