Find a Bankruptcy Lawyer in Sacramento, California
In Sacramento, California, bankruptcy is a court procedure in which a person or business has some or all of their debts cleared (or "discharged"), theoretically allowing them to begin 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 proper 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 possible benefits.
For that reason, it would be advisable to speak with a good Sacramento, 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 individual situation. This determination is highly dependent on the details of each individual case, so a Sacramento attorney's advice is absolutely indispensable.
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Types of Bankruptcy in Sacramento, California
There are three basic bankruptcy schemes that are most commonly used in Sacramento: Chapters 7, 13, and 11. Bankruptcy is a creation of federal law, so the process for filing for bankruptcy in Sacramento, California will be roughly the same as it would be anywhere else in the U.S. Chapter 7 bankruptcy involves liquidation of many of the debtor's assets in order to pay off as much of the debt as possible. This sounds harsh, but there is an upside: once the liquidation is complete, the debts are legally viewed as having been paid in full, whether or not the full amount was covered by the liquidation. Liquidation involves selling some personal property, and using the funds to pay off debt. Varied types of property are exempt from liqudiation, and therefore may not need to be sold. They include homes, cars, and insurance policies, among others. You should know that some types of debt cannot be discharged in Chapter 7 bankruptcy, including taxes, student loans, and child support.
The other popular bankruptcy system in Sacramento is Chapter 13 bankruptcy. Under this system, the debtor's debts are restructured, instead of discharged. This involves creating a new repayment plan that the debtor will find manageable, given his or her income, and that will result in the creditors being paid in a decent amount of time. When a repayment plan is authorized by a court, creditors are legally barred from trying to collect under the original terms of their contract with the debtor. Though accessible to individuals, Chapter 11 bankruptcy is generally used by businesses. Like Chapter 13, Chapter 11 requires the restructuring of debts. Under this system, the debtor must come up with a plan to reduce debt, cut costs, and improve operations. Once this plan is presented, it is submitted to the participating creditors, who must approve it by a majority vote before it can be implemented.
During the Chapter 11 process, a business can normally continue its operations, and the stock can be traded, even if it is de-listed from a major stock exchange.
How Can a Sacramento Bankruptcy Lawyer Help?
The need to consider all the options and consider the costs and benefits of applying for bankruptcy in Sacramento cannot be overstated. If you are considering filing for bankruptcy, it would be a good idea to speak with a Sacramento bankruptcy attorney beforehand.
Bankruptcy Attorneys in the Largest CA Cities
Life in SacramentoSacramento is the capitol of the State of California, seat of Sacramento County, and still only ranks as the 6th largest city in the state. Cited as one of the most ethnically and racially integrated communities in the United States by Time Magazine, Sacramento plays host to a wide variety of public, private, and religious K-8 schools. California State University Sacramento, University of California Davis, and The Art Institute are just a few of the options residents have for higher education. In addition there are a number of other private, public, vocational, and community colleges in the area. The top employer in Sacramento remains the State of California. The California State Capitol Building was erected in 1874 and is reminiscent of the U.S. Capitol Building. "The Big Four" who included Mark Hopkins (of the Hotels), Charles Crocker (local Mansion/Art Museum and Rail tycoon), Leland Stanford (tycoon, industrialist, the university), and finally Collis P. Huntington (another Transcontinental Railroad tycoon) financed the construction of the Capitol Building out of pocket.
Sacramento has a number of outstanding museums and tourist amenities like the Crocker Art Museum, a local NBA team, a historic Old Town District, and the western terminus of the Pony Express which is Sutter's Fort. the Fort was erected in 1839 and is most famous for its association with the Donner Party and Sutter's Mill where gold was first found. Aside from the historical, Sacramento is host of the major courts in the area including the California State Supreme Court, Sacramento County and City Courts, and other Federal run courts. These buildings are largely located in Downtown Sacramento but serve the entire Central Valley.