Reputable Chapter 7 Bankruptcy Lawyers in San Diego
Chapter 7 bankruptcy attorneys you can rely on
Experienced attorneys from Bankruptcy Law Offices of Mark L. Miller are here to help you file bankruptcy in San Diego and get a fresh start. We will be there every step of the way, help you navigate the court proceedings, and take care of all the paperwork. Contact us today and be one step closer to an efficient and successful bankruptcy claim. Stop the stressful debt cycle and take control of your future today.
Break free from debt & take control of your finances
With the help from our expert bankruptcy attorneys in San Diego and the area, you can take control of your finances and break free from debt. We will help you file a successful bankruptcy claim and start anew. Say goodbye to stress, anxiety, worry, and sleepless nights because of debt. Getting out of debt is the opportunity to rebuild your life and your finances. Improve your credit, plan for your future, provide for your family and move on with your life through filing bankruptcy.
Why Chapter 7 bankruptcy is the most common type of bankruptcy
These bankruptcy cases are filed more than any other bankruptcy in San Diego and beyond. This is primarily due to the following:
- The ability to wipe out debt without continuing payments to creditors eliminated in the bankruptcy case. Importantly, creditors discharged in bankruptcy are legally forbidden from collecting money from you.
- The ease of the bankruptcy process. In fact, the entire process from start to finish is about three months long. Your credit begins rebuilding immediately upon completion of the bankruptcy. If you want to further ease your case, hire our experienced bankruptcy lawyers in San Diego.
Filing for bankruptcy is a big decision. More than 12,000 clients tell us that filing bankruptcy was one of the best choices they ever made. Therefore, you need a dedicated bankruptcy attorney to make sure you qualify for Chapter 7, explain the process, take care of all of the paperwork, and walk you through the process from start to finish. And we’re at your service.
Contact our trusted bankruptcy attorneys in San Diego for a free financial evaluation
We’re here for you in any of the following situations:
- You cannot afford to pay more than minimum payments on credit cards.
- You don’t have a job and you cannot pay your bills.
- You are involved in a lawsuit because of unpaid debts.
- You’re taking money from one credit card to pay on another.
- Your credit card payments are as much as or more than your housing expense.
- You are struggling with personal loan payments.
- You owe a large tax debt.
- You are ordered to pay large child support payments which reduces your monthly income.
- You’re late on mortgage payments.
- You’re falling behind with car payments.
- You are involved in a divorce requiring you to pay all or part of the marital debts.
- You have bad credit that is not getting better.
- You’re making credit card payments but you are never able to pay down the balances.
- You’re paying a large portion of your income toward your credit card payments.
- You are liquidating your retirement accounts to pay the debt.
- You are being hounded for payments by creditors.
- You are unable to pursue additional education because you can’t get ahead on your credit card payments.
- You’re relying on your tax refund to pay down your debt.
What debt is wiped out in Chapter 7 bankruptcy?
Debts that go away in this type of bankruptcy include credit cards, medical bills, personal loans, different types of income taxes (that are at least three years old, were assessed more than two years ago, and meet the 240-day assessment rule), attorney's fees, judgments, auto repossessions, foreclosure deficiencies, past due utilities, lawsuits and more.
Your balance owed on the above-unsecured debts goes away. You do not have to pay back these creditors. Under the United States Bankruptcy Code, this is referred to as “discharge” of debt. In case you need additional information on the debts you can discharge under Chapter 7, contact Bankruptcy Law Offices of Mark L. Miller, San Diego’s leading bankruptcy lawyers with years of experience and knowledge in the field.
You can keep most, if not all your property in a this bankruptcy, including:
- Equity in your home (primary residence) up to $600,000
- Household goods: furniture, clothing, electronics, sports equipment, etc.
- Retirement accounts: 401k, Pension, 403b, IRAs and other IRS qualified accounts
- Term life insurance policies
- Whole Life Insurance policies with a limited cash value
- Money in the bank
- Tax refunds
- And MORE!
Qualifying for Chapter 7 bankruptcy
Before filing bankruptcy, you need to speak with an expert bankruptcy attorney in San Diego. Without an experienced bankruptcy attorney representing you, the process can be extremely difficult. Specifically, the United States Bankruptcy Code is complex requiring an in-depth analysis of your household income and your assets including real and personal property. That is why you should always contact a professional from Bankruptcy Law Offices of Mark L. Miller and ask any questions you might have concerning this form of bankruptcy.
1. Passing the Bankruptcy Means Test
At Bankruptcy Law Offices of Mark L. Miller, our experienced bankruptcy lawyers will first analyze your income. Part of your income analysis is confirming that you pass the bankruptcy "means test". Passing the means test is required under the United States Bankruptcy Code. If your income is below the median income for a household of your size, the means test does not apply.
However, if you are above median income then the means test calculation must be performed. Keep in mind that you may pass the means test even if your income is "above the median." However, you need help from experienced bankruptcy attorneys in San Diego who will analyze your pay and confirm you qualify for Chapter 7 bankruptcy. Contact us today!
2. Protecting your property
Next, our dedicated bankruptcy attorneys will analyze your assets to make sure none of your property is at risk if you file bankruptcy under this chapter. As discussed in detail below, exemptions are used to protect property in a bankruptcy case. Fortunately, exemptions are liberal for California residents. However, understanding and applying them is tricky, which is why you need help from our dedicated bankruptcy lawyers in San Diego.
3. You can only file Chapter 7 once every 8 years
Also, keep in mind that you can only file this bankruptcy once every 8 years. If you filed another Chapter 7 case within the past 8 years you are not yet eligible to file. That said, you can consider filing Chapter 13 in San Diego if you need immediate bankruptcy protection and contacting Bankruptcy Law Offices of Mark L. Miller for answers to any questions concerning Chapter 13 bankruptcy you may have.
4. Assembling necessary documentation and undergoing credit counseling
The United States Bankruptcy Code and the San Diego Bankruptcy Rules require you to have all the necessary documentation when filing bankruptcy. When you hire knowledgeable bankruptcy attorneys in San Diego, the legal experts from Bankruptcy Law Offices of Mark L. Miller, we prepare and submit all of the required documentation on your behalf.
Lastly, you are required to complete pre-filing credit counseling through an approved credit counseling agency. Upon completion of credit counseling, you will be issued a certificate to file with the bankruptcy court.
Protect your property with bankruptcy exemptions
As has been noted, your property is protected in bankruptcy using exemptions. Above all, choosing the correct set of exemptions is the most important aspect of a bankruptcy filing. Choosing the right exemptions and applying them is a complicated process that usually requires assistance from educated bankruptcy attorneys.
The law requires the use of either Federal or State exemptions in a bankruptcy case. In particular, California exemptions are especially generous compared to other states. Still, they require careful analysis and application in a Bankruptcy filing.
Another key point is that the Bankruptcy Laws allow you to keep your San Diego residence. Even if you have as much as $600,000 in equity in your primary residence!
However, protecting property when filing bankruptcy is complicated. Without a skilled bankruptcy lawyer who knows and understands how to apply for exemptions, you risk losing some or all your property in a bankruptcy case. Therefore, you need a qualified bankruptcy attorney in San Diego and the area to help you. The attorneys at Bankruptcy Law Offices of Mark L. Miller have been handling bankruptcy cases for over 25 years. Contact us today to schedule your free consultation.
Bankruptcy automatic stay for stopping creditor collection
Filing Chapter 7 bankruptcy initiates an “automatic stay” under the United States Bankruptcy Code. The “automatic stay” acts as a stop sign preventing creditors from continuing collections. For example, court-ordered collections such as wage garnishments and bank levies will stop. Upon filing a bankruptcy case, foreclosure sales must be canceled. Furthermore, a creditor cannot repossess a car, truck, motorcycle, RV, boat, or any other motor vehicle.
Nevertheless, there are procedures that must be followed to ensure the creditors are notified of a bankruptcy filing. For this reason, it is particularly important to consult with an experienced bankruptcy lawyer from San Diego to ensure automatic stay is implemented properly. Contact Law Offices of Mark L. Miller or text (619) 574-0551 for a free consultation.
Choose the most qualified Chapter 7 bankruptcy attorneys in San Diego
While bankruptcy law is extremely powerful, it is equally complex. Navigating through the bankruptcy process can be overwhelming. Therefore, it is most important that you speak with a skilled bankruptcy attorney. That is why you should turn to educated experts from Bankruptcy Law Offices of Mark L. Miller. Our process is different from many other bankruptcy firms and we will do all we can to make sure you come out on top. Contact us today!
What sets us apart from other bankruptcy lawyers
Our experienced attorneys bring you a range of advantages:
- Our knowledgeable bankruptcy attorneys in San Diego meet with every single client. That means you get the knowledge, experience, compassion, and detailed analysis from an attorney. No high-pressure sales tactics at our office. Bankruptcy Law Offices of Mark L. Miller offers free consultations in person, by phone, or through video. The attorney will give you an in-depth analysis of your individual situation. With this in mind, there is no “one size fits all” bankruptcy. We assess each individual case carefully and find an adequate course of action that suits the needs of each of our clients perfectly.
- We will explain the procedures, alternatives, and risks associated with filing bankruptcy. This means we will discuss several different options to get out of debt, including bankruptcy and non-bankruptcy options.
- We were voted #1 bankruptcy lawyers in San Diego five years in a row. This just goes to show how dedicated we are to our profession and how satisfied our clients are with our service.
Above all, our priority is for you to feel comfortable with your decision to file bankruptcy. It is for this reason that experts from Bankruptcy Law Offices of Mark L. Miller are here to guide you from beginning to end of your bankruptcy case. Get out of debt and get back to living life.
Contact us at the Bankruptcy Law Offices of Mark L. Miller in San Diego. Talk with one of our experienced bankruptcy attorneys so you know your rights and can get out of debt.
Frequently Asked Questions
This bankruptcy is a legal process designed to provide financial relief to individuals who are in debt. This bankruptcy allows individuals who qualify for it to discharge different types of debt they have incurred over time and to help them get back on their feet and start fresh.
Bankruptcy law does not specifically state how much debt you need to have in order to qualify for this type of bankruptcy. In fact, there is neither a minimum amount of debt nor a debt limit for these bankruptcies.
Filing bankruptcy gives you a fresh start by eliminating debt while allowing you to keep most of your property. In fact, most clients keep all their property and lose nothing but their debt! To begin with, bankruptcy law is not meant to punish you. To this end, the law allows for property exemptions in order to keep your car, house, jewelry, clothing, and everything else. Unsecured debts like credit card balances, personal loans, money judgments, and certain taxes can be wiped out in Chapter 7.
Examples of debts that do not go away in this bankruptcy include spousal support, alimony, child support, student loans, court fines, government fees, parking citations, speeding tickets, restitution, criminal claims, and taxes owed for the past three years.
Generally, bankruptcy cases last about four months. First, a bankruptcy lawyer from Bankruptcy Law Offices of Mark L. Miller will file your bankruptcy petition with the United States Bankruptcy Court. Then you will attend a 341a meeting of creditors. The Bankruptcy Court schedules your 341a meeting of creditors. Typically it is held about 30 days later.
On this occasion, you will be accompanied by an experienced attorney from Bankruptcy Law Offices of Mark L. Miller. Our bankruptcy attorneys are extremely qualified – they have attended thousands of 341a meetings. Afterward, you will wait approximately three months for your discharge order to be entered by the Bankruptcy Court. Finally, your bankruptcy case is finalized. Then you are debt-free!
This type of bankruptcy frees you from having to pay off all exempt debts to your creditors. However, this does mean that you will have to give up the following:
- Non-exempt property
- Credit cards
However, you should still consult expert bankruptcy attorneys in San Diego and the surrounding areas and inquire about what property you stand to lose when filing bankruptcy. Bankruptcy Law Offices of Mark L. Miller is here to help you out any way we can. Reach out to us today!
Yes, it is definitely wise to hire legal counsel when attempting to file Chapter 7 bankruptcy. Not only will you maximize your chances of a successful bankruptcy claim, but an experienced bankruptcy lawyer from San Diego will take care of all the paperwork and help you with court proceedings, making the entire process a lot easier for you. Bankruptcy Law Offices of Mark L. Miller is here to provide any legal advice and assistance you need. Contact us today!
When trying to choose a Ch 7 bankruptcy lawyer to help you with your case, there are certain considerations you need to pay attention to in order to ensure you’re hiring adequate legal assistance:
- Inquire with your friends or family to acquire personal referrals.
- Check the available lawyer-referral panels.
- Inspect online directories.
- Check online reviews of the bankruptcy attorney you want to hire.
- Ask about their experience with bankruptcies similar to yours.
The majority of Chapter 7 bankruptcy cases in San Diego and the area take anywhere from 4 to 6 months to finalize. The process can take longer if you are required to provide additional documentation, the trustees have to sell property, or if you’re involved in a bankruptcy-related lawsuit.
The best thing you can do to ensure that your bankruptcy claim transpires as quickly as possible is to hire an expert bankruptcy attorney from San Diego or the surrounding area. Bankruptcy Law Offices of Mark L. Miller consists of the finest bankruptcy professionals who will do all they can to make your bankruptcy claim swift and successful. Contact us today!
If you need help filing your Chapter 7 bankruptcy in San Diego, you need help from the most qualified and reliable bankruptcy lawyers – Bankruptcy Law Offices of Mark L. Miller. We have the knowledge, experience, and expertise to successfully lead you through the process of filing bankruptcy.
We will make the proceedings as easy and as streamlined as possible, taking care of all the important documentation for you. All you need to do is contact us, come for a consultation, and we’ll take it from there. We’re here to give you a fresh start!
Additionally, you can count on our assistance in case you need legal assistance for filing Chapter 11 bankruptcy, or if you’re looking for protection against harassment from your creditors. Also, we will help you stop foreclosure by reorganizing your payments. We’re here to provide a comprehensive set of bankruptcy-related legal services that will make the process easier for you. Contact us today!