Consumer Bankruptcy Lawyers in Santa Ana, California

Find the right Consumer Bankruptcy attorney in Santa Ana, CA

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 Santa Ana, California before you file.

Chapter 7 Bankruptcy in Santa Ana, California

In Santa Ana, California, there are 2 main types of commonly-used consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 involves liquidation of part of a debtor's assets. It requires that a certain percentage of the debtor's property to be sold to pay off as much debt as possible. The majority of property that most people own, however, is exempt. This usually includes homes, vehicles, retirement accounts, and others. These are not available to creditors.

Once the eligible property is sold, and the funds transferred to the creditors, the dischargeable debt is excused. Some forms of debt, however, can't be discharged in Chapter 7 Bankruptcy in Santa Ana, California. These include student loans, criminal fines, and taxes, among others. If most of your debt can't be discharged, Chapter 7 may not be the best choice for you.

Chapter 13 Bankruptcy in Santa Ana, California

Chapter 13 Bankruptcy in Santa Ana, California differs significantly from Chapter 7. It might be a better option than Chapter 7, depending on the facts of your 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.

Which Type of Consumer Bankruptcy Should I File in Santa Ana, California

The answer to this question depends strongly on your individual situation. If you have enough stable income to manage a payment plan, and a lot of non-exempt property that you are unwilling to part with, Chapter 13 may be a good option. If you don't have much stable income, and most of your property is exempt, Chapter 7 might be better.

Of course, you should always seek the counsel of an accomplished local Santa Ana, California bankruptcy attorney before you make the decision to file. He or she will be able to advise you of your options, and suggest the best possible course of action for your particular situation.

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Life in Santa Ana

Santa Ana is the county seat of the infamous Orange County, California. Santa Ana is the 4th most densely populated area in the United States with over 325,000 residents. Santa Ana is known nationally for it's beautiful coastline and it lends its name to the Santa Ana Freeway that bisects the city as well as the winds that historically fuel wildfires in Southern California, the Santa Ana Winds. One of the reasons people flock to Santa Ana is for work with Orange County at the Santa Ana Civic Center. Santa Ana has a high number of skilled lawyers because it's the location of the Orange County Supreme Court and the Ronald Reagan Federal Building and Courthouse.

Santa Ana's close proximity to Los Angeles attracts many corporate headquarters. Behr Paint, Corinthian Colleges, First American Corporation, and The Orange County Register all have their corporate headquarters in Santa Ana. Ingram Micro is the world's largest information technology distributor and outdoes all of the others as the top employer in Santa Ana besides Orange County. For those folks commuting out of the city by way of public transit, Amtrak's Pacific Surfliner runs through Los Angeles to San Diego. Santa Ana also has service from the Metrolink Orange County Line to Oceanside and the Inland Empire Line running to San Juan Capistrano and San Bernardino.

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