Who Can File?

Chapter 7

Chapter 13

Chapter 11

Who Can File Bankruptcy?

At Equal Justice Law Group, one of the most common questions we hear is: Do I qualify to file for bankruptcy?

The short answer is, any person who lives / does business / owns property in the United States may file for bankruptcy.

The real question is: what type of bankruptcy is right for your situation?

And that's where the experts at Equal Justice Law Group set themselves apart from the rest. Headed by our experienced expert, David Foyil, our team will help you determine the absolute best course of action, based on your specific circumstances.

We begin by answering four basic questions, which we pose to every client we meet:

  • Identify the debtor – in most cases, it's an individual or a married couple, but it can also be a business
  • Determine the amount of debt owed, and the nature of the debt (secured or unsecured)
  • Establish the amount and regularity of the debtor's income (if any)
  • Calculate the value and nature of the debtor's assets (if any)

Once we have these four basic questions answered, we can proceed with a recommendation of bankruptcy filing for you.Begin the evaluation today. We invite you to contact us at Equal Justice Law Group. With offices in Sacramento, Sutter Creek and Placerville, we're nearby and ready to serve you. And as always, your case evaluation and initial consultation are both confidential and absolutely free.

Chapter 7

This type of bankruptcy is for those with significant unsecured debt and little to no disposable income, where liquidation makes the most sense. California Means Testing determines the debtor's income level.

Chapter 13

This type of bankruptcy is for those with a regular source of income who wish to maintain possession of certain assets. California Means Testing determines the debtor's income level.

Chapter 11

This type of bankruptcy is primarily for businesses, allowing for a restructuring while continuing to conduct operations. In some cases, Chapter 11 is suitable for high-income, high-debt individuals who do not qualify for Chapter 13.

Other Considerations

There are certain limitations on filing, based on past bankruptcies filed and their discharge date(s). Consult Equal Justice Law Group for more information if you have previous bankruptcies.


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Creditors use their attorneys to fight against you to try and garnish wages, sue you, put a lien on your real estate, or levy your bank accounts. Our experienced team is equipped to protect you from collections and get you a fresh start.


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Sadly, a divorce can be one of the most emotional experience in one's life. We offer experienced guidance and aggressive representation to navigate you through this complex so you know what to expect and that your rights are protected.

Estate Planning

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Protecting your lifetime of hard work to take care of your family requires proper planning. Our team asks questions and listens carefully to your concerns, so you can be assured that your goals are met and your family is secure.