Frequently Asked Questions
If you are considering filing bankruptcy, you must have a compelling reason to do so: wishing to leave that overwhelming debt behind you so you can finally start bringing your financial struggles to a close and get a fresh start. If you have already explored all other avenues, bankruptcy may be a legitimate solution.
So, how do you file bankruptcy?
The steps in this process are similar regardless of the type of bankruptcy you choose to pursue:
- Discuss your financial situation with a bankruptcy attorney to verify if bankruptcy is your best solution or if you should first explore other options.
- Prepare financial documents and provide them to your bankruptcy lawyer to receive a personalized recommendation of the type of bankruptcy you should file.
- Complete a credit counseling class before your bankruptcy petition review date. This course will give you insight into what to expect from bankruptcy.
- Complete a means test if filing Chapter 7 bankruptcy. This test helps determine your eligibility for this form of bankruptcy.
- Have your bankruptcy attorney file the petition with the court on your behalf. Your attorney will oversee the process to make sure everything goes smoothly.
Filing bankruptcy can bring you a range of benefits, including but not limited to:
- Fresh credit score
- Lower monthly payments
- No creditor harassment
- Financial freedom
If you want to maximize these benefits, you need support and guidance from a knowledgeable professional who is well-versed in bankruptcy law in San Diego and who can dispel your fears and doubts while releasing you from the situation that feels suffocating. Your bankruptcy lawyer will first introduce you to your options, depending on the specific circumstances you are in.
At our law firm, we have decades-long experience in dealing with bankruptcy cases. We are especially proud of our ability to make a difference in the lives of people dealing with legal issues, volunteer work, and active engagement in the community.
In addition to his Law Day activities and volunteering for the Legal Aid Society of San Diego Bankruptcy Self-Help Clinic for Pro Se Filers, Mark Miller is an active member of the CARE program and member of the San Diego Bankruptcy Court Mediation Panel, as well as a former member of the Local Rules Committee for the United States Bankruptcy Court for the Southern District.
Complex financial situations require tailored solutions. Namely, bankruptcy comes in different forms, depending on a person’s specific circumstances and financial needs: filing Chapter 7 may make you debt-free within a few months, whereas Chapter 13 takes longer and comes with a monthly payment plan.
Before you proceed, you need access to information from a trusted source, and an experienced bankruptcy attorney is it. A bankruptcy lawyer can help you reach an informed decision and take actions that truly align with your best long-term interests.
If after careful deliberation you have decided to see a bankruptcy lawyer and you have already scheduled a consultation, you need to prepare for it and gather the documentation your lawyer needs to prepare your case. This is also the time when you will discuss your payment plan with your lawyer to help you set one that is within your budget.
Before filing your case, you also need to complete a Credit Counseling course.
Questions to ask your bankruptcy attorney include:
- What documents do I need to submit?
- Should I file Chapter 7 or Chapter 13?
- What fees will I have to pay for filing?
- When will my case be filed and when will it be over?
- Are there problems and pitfalls I should anticipate?
We are ready to answer your questions, address your concerns, discuss your options and suggest measures that will help you alleviate the debt you have acquired. Let us help you pave the way for a brighter future!
So many things make San Diego a desirable place to live. But as beautiful as life in San Diego can be, it comes with a caveat. True to the principles of the law of supply and demand, San Diego living carries a hefty price tag, and it doesn't help that the cost of living ruthlessly continues to climb however hard you struggle to keep up. At some point, juggling the high cost of San Diego living and housing can get out of hand and the prospect of ending up with a substantial debt load seems real and intimidating.
If this has happened to you, you are not alone and you do not have to deal with the nerve-wracking financial situation on your own. As one of the leading bankruptcy law firms in San Diego, we are here for you.
We are completely flexible about appointments: we offer free one-on-one consultations on the phone, video consultations, and in-person consultations. We also accept payments. Over our 25+ years of experience, we have filed over 12,000 bankruptcy cases and we will guide you through the process to ensure your debt-induced crisis turns into a success story.
We are always on your side. Contact us now!