Consumer Bankruptcy Lawyers in Santa Barbara, California

Find the right Consumer Bankruptcy attorney in Santa Barbara, 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 typically considered as an option of last resort, because while it can stave off financial disaster, it has some substantial 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 Santa Barbara, California before you file.

Chapter 7 Bankruptcy in Santa Barbara, California

In Santa Barbara, California, there are 2 typical forms of commonly-used consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 involves liquidation of some 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 typically includes homes, vehicles, retirement accounts, and others. These are not available to creditors.

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

Chapter 13 Bankruptcy in Santa Barbara, California

Chapter 13 Bankruptcy in Santa Barbara, California differs considerably from Chapter 7. It might be a better option than Chapter 7, depending on the facts of your case. Chapter 13 does not absolve 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.

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

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

Whatever your situation, you should speak with a local Santa Barbara, California bankruptcy Attorney. Your Lawyer will be able to advise you of your options and their likely results, which will help you make a more educated decision.

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Life in Santa Barbara

Santa Barbara, California is a city in Santa Barbara County, where it also serves as the county seat. It currently has a population of about 88,000 people.

Santa Barbara, California is known for being host to one of the very few military engagements of World War II to occur on the continental United States. In 1942, a Japanese submarine surfaced off the coast of Santa Barbara, and fired several shots at the Ellwood oil refinery. There were no injuries. Although there was no evidence that collaboration or espionage by any U.S. residents played a role in the attack, the incident was used by the government to justify the internment of Japanese-Americans living on the West Coast, a decisions which is now remembered as one of the low points in America's history.

After World War II, many of the servicemen who served in the war, and disembarked from Santa Barbara, California moved into the city permanently. This caused a population boom. Many of these servicemen went on to college, and became successful professionals in Santa Barbara, California, some of them lawyers.

If you live in Santa Barbara, California and are in need of an attorney, it's very likely that there's a Santa Barbara, California attorney who can provide assistance.