Discharge ("Eliminate") Most Debts
Liquidate non-exempt assets / Retain exempt assets
Manage Any Non-Dischargeable Debts Effectively
Chapter 7 Bankruptcy Services by Equal Justice Law Group
Equal Justice Law Group provides complete Chapter 7 Bankruptcy services to individuals just like you. Our team comprises decades of experience in this field and has successfully served thousands of clients.
Chapter 7 bankruptcy is designed to give you a fresh start in a relatively short period of time by discharging or eliminating most debts. Here's how it works:
Although the law refers to Chapter 7 as a "liquidation," the actual liquidation or sale of your assets in a Chapter 7 is extremely rare.
California law determines which assets are protected in a bankruptcy case. The rules are complex and most situations require good sound legal analysis to properly protect your assets.
More importantly, IF you OWN any assets which the law does not protect, there are often legal ways to protect them with proper planning before you file your case in order to take advantage of best protection afforded by law. Use of these strategies is much like planning tax strategies to legally take advantage of laws that minimize your taxes. An experienced attorney can also help with strategies to legally protect your assets. Over the years we have helped hundreds of clients protect assets that other attorneys have advised could not be protected.
If assets are sold as part of a bankruptcy case, the proceeds from this liquidation are used to pay your creditors, under the supervision of a court trustee. So, if you have debts that are not dischargeable, you will want to ensure that as much of those resources are directed to non-dischargeable debt if possible. So, it is important to NOT pre-pay any debts prior to speaking with an attorney.
Whether you are simply exploring the possibility of Chapter 7 bankruptcy, or are actively seeking an attorney to handle your Chapter 7 bankruptcy case, we invite you to contact us at Equal Justice Law Group. With offices in Jackson, Placerville and Sacrament. We're nearby and ready to serve you.
And as always, your case evaluation and initial consultation are both confidential and absolutely free.
There are dollar or percent limitations to exemption limits, which Equal Justice Law Group can help define for your specific case. However, the following categories are among the primary Chapter 7 exemptions:
- Homestead (Your Family Residence)
- Equity in Motor Vehicles
- Personal property (Furniture, Appliances, Etc.)
- Public benefits
- Tools of trade
By law, certain debts cannot be discharged in bankruptcy. These include:
- Child support
- Student loans (Limited exceptions may apply)
In addition, certain taxes, some items purchased with a credit card immediately prior to filing bankruptcy, and other potentially fraudulent debts will require review by Equal Justice Law Group to determine their status. Depending on circumstances, they may or may not be dischargeable.
Prior to and before the actual discharge of the bankruptcy, the Chapter 7 filer must:
- Meet an economic means test (i.e. determine if your income qualifies to file)
- Complete a mandatory credit counseling session
- Complete a mandatory pre-discharge debtor education course
Equal Justice Law Group will provide you with details on each of these steps, and their order of completion, as part of your Chapter 7 bankruptcy case. Contact us today to learn more.