Brea Chapter 7 Lawyer
Brea Chapter 7 ATTORNEY
Being in debt can feel overwhelming, with consequences that seem to never end — constant calls from creditors, wage garnishment, levies, and liens. Chapter 7 bankruptcy can be a viable option for individuals in California facing large debts they can’t repay. If this situation sounds familiar, your first step is to consult with a Brea Chapter 7 lawyer to see if it’s a good choice to help you out of your debt.
The legal team at the Law Office of Christopher P. Walker, P.C., has been creating debt solutions for clients in Brea and the surrounding area for over 25 years. There are many options available, and our top priority is to help individuals and businesses learn how to protect their property and discharge overwhelming debt so they can have a fresh start with as little time and cost as possible. Whether that means bankruptcy, personalized tax strategies, estate planning, or litigation, we are here to help.
Debt in California
In California, there is secured debt, which is backed by collateral like a house or car, and a lender can seize it if the borrower defaults, and unsecured debt, which is a loan that is not backed by specific property. Examples of unsecured debt are credit cards, personal loans, and unpaid rent or utility bills. In general, unsecured loans tend to have higher interest rates and may require higher credit scores and income than secured loans.
When a borrower defaults on an unsecured loan, the lender generally imposes late fees and other penalties, reports missed payments to credit bureaus, and may send the account to third-party collections agencies. Eventually, a lender may be able to take legal action to recover the remaining amount the borrower owes, including late fees, legal fees, and other charges. If the lender wins a legal case, they may be able to garnish wages or sell the borrower’s other property.
Brea Chapter 7 Laws
Bankruptcy is on the rise. A recent report shows there were 517,308 bankruptcy cases last year, a 14.2% increase from the year before. In central California alone, the district that includes Brea and Orange County had 10,740 bankruptcies in the same period. Chapter 7 bankruptcy is a federal process for individuals who are unable to repay their unsecured debts. Because this is a federal process, the laws and procedures are similar across states. This includes:
- The purpose of Chapter 7 bankruptcy
- A requirement to receive credit counseling before filing
- Appointing a bankruptcy trustee to manage the case
- An automatic stay that halts most actions creditors can take
- The types of debts that can’t be discharged, like child support, some taxes, and student loans
California offers more protections for borrowers than the federal laws or many other states do. Despite that, individuals struggling with large amounts of debt still face real challenges, and knowing which options are right for your situation and how to ensure you follow all the proper procedures can be frustrating. Lenders and debt collectors have entire legal teams devoted to recovering defaulted loans. As a result, borrowers are more likely to achieve a favorable outcome when they hire a Chapter 7 lawyer.
Chapter 7 Criteria
To be eligible for Chapter 7 in California, the borrower has to meet several requirements. These include:
- An average gross monthly income below the median for a household of the same size in California, often including certain allowed deductions
- No chapter 7 bankruptcy in the past 8 years or chapter 13 bankruptcy in the past 6 years
- Mandatory credit counseling with an approved agency before filing
It is important to note that filing for Chapter 7 bankruptcy does affect a borrower’s credit score. For borrowers who have already been struggling with debt, Chapter 7 can be the beginning of recovering a better credit score. In addition, some debts, such as child support, alimony, and most student loans, can’t be discharged in a Chapter 7 bankruptcy.
Secured debts, such as mortgages and car loans, are also generally not discharged. In some cases, the borrower may choose to surrender some property to keep others. A Chapter 7 bankruptcy attorney can help you determine which options can help you protect your most important assets, like your home, car, and personal belongings.
FAQs About Brea, CA Chapter 7 Law
How Much Does a Lawyer Charge for Chapter 7 in California?
How much a lawyer charges for Chapter 7 in California can vary, depending on the complexity of the case, the lawyer’s experience, and location. The most reliable way to know how much to expect to pay for a bankruptcy filing is to consult a trusted bankruptcy attorney to discuss your situation.
Can Lawyer Fees Be Included in Chapter 7?
In some cases, yes, lawyer fees can be included in a Chapter 7 bankruptcy. For example, if the individual has extensive unpaid legal fees from a previous legal case, such as a divorce, those fees may be eligible for discharge in a Chapter 7 bankruptcy. But if the attorney fees have gotten to the point of having a lien placed against your property, those likely can’t be discharged.
What Disqualifies You From Filing Chapter 7?
You may be disqualified from filing Chapter 7 if you do not meet the eligibility criteria. This includes income, residency, or recent prior bankruptcies. In addition, not having the correct paperwork or not following the proper legal procedures can keep you from being able to discharge your debt. An experienced bankruptcy lawyer can help ensure you meet all eligibility criteria and that your filing is not disqualified.
What Is the Downside of Chapter 7?
The downside of Chapter 7 is that it has a negative impact on your credit score, which can make it harder to get jobs, housing, and loans. In addition, it can also mean not being able to file bankruptcy again for a period, and in some cases, you may lose some non-exempt personal property in the judgment. There is also some social stigma associated with bankruptcy.
Hire a Chapter 7 Lawyer
The Law Office of Christopher P. Walker, P.C., understands how frustrating and overwhelming debt can be, and we have the experience and resources to advocate for you and help you get the fresh start you deserve. If you’re considering Chapter 7 bankruptcy, contact our office today to schedule an initial consultation and learn your options.
From Our Clients
After years of putting off doing a will... we now can rest assured our family estate is legal and ready when we need it.
I found Mr. Walker on the net and am confident to recommend him for legal matters. Office staff was very attentive.
Hurray we finally did it!!!
- Tess
I've been through difficult times so I hired Mr. Christopher Walker to help me, I am very impressed the way he does business. He explains everything in a very professional way he did excellent job for me. I don't know many attorneys out there that answer they're office phone but he does and he returns calls quickly.
- Carlos C.
I have been working with Chris for at least 5 years. He helped us with our Trust. He is transparent and listens. I would recommend him highly.
- Octavio N.
I am not a man known for being a word smith so I am going to put it simply. The hardest year of my life has finally ended on a very high and happy note. Mr. Walker and Laurie are the best partners anyone could ask. They work tirelessly and made the difficult confusing process easy to understand and the clouds have now cleared! Thanks for everything.
- Justin C.