| CA Bankruptcy Process Every case of bankruptcy in California is different in a multitude of ways, but the general bankruptcy process is similar in all of them. A bankruptcy lawyer with Moses A. Cohen, Attorney at Law has been through the process and can guide you through the process to make sure you get the best result.
When you begin falling behind on your payments, you will probably begin getting late or past-due notices from your creditors, who may also begin rigorously calling you to collect the amount due. While occasionally missing a payment or two is common, if you feel that you can never make all your monthly payments, bankruptcy can help by eliminating unsecured debts-including credit card debt.
The bankruptcy process begins by getting all your financial records together, including all assets, income and expenses, and major purchases for the previous two years. After determining which property is exempt from being seized, a petition and several other forms need to be filed at the bankruptcy court that fully describe your financial situation and a decision needs to be made whether to file for bankruptcy under Chapter 7, or if you must file under Chapter 13.
Chapter 13 bankruptcy, which does not eliminate debts but restructures them to be more affordable and protects your assets, requires that you also file a repayment plan. This plan must follow various legal requirements and include a provision to have the payments deducted from your paycheck.
Once the appropriate bankruptcy papers have been filed, an automatic stay that prevents creditors from contacting you will be issued by the court. A meeting of your creditors will be scheduled about a month later, which you must attend.
For Chapter 13 bankruptcy, another meeting where the plan is either confirmed or denied will be held, your attendance being required here as well. Chapter 7 bankruptcy requires that you begin acting on your secured debt that was exempt, but in either case a judge will rule on your bankruptcy filing making a final determination.
It is best to have an experienced bankruptcy lawyer beside you throughout the process. Moses A. Cohen, Attorney at Law is your best choice to protect your rights and ensure you recieve all you deserve.
Please contact us today at 310-746-3733 or 760-595-8883 to arrange a FREE private consultation. Our history of getting excellent results for all of our clients can put you back on solid financial footing. |