Best Chapter 7 Bankruptcy Lawyers in San Diego
Chapter 7 bankruptcy attorneys you can rely on
Our experienced attorneys at Bankruptcy Law Offices of Mark L. Miller will file Chapter 7 bankruptcy on your behalf here in San Diego. We will guide you through the bankruptcy process, review your documents, and provide legal counsel throughout. Chapter 7 bankruptcy will stop the stressful debt cycle. You will be debt-free and ready to take control of your financial future.
Break free from debt & take control of your finances
Chapter 7 bankruptcy improves your credit, prevents foreclosure, stops your wage garnishments, prevents creditors from continually harassing you, and deletes your debt! Our expert attorneys will help you regain financial control by ensuring your bankruptcy filing is successful.
Why Chapter 7 is the most common type of bankruptcy
Chapter 7 bankruptcy cases are filed more than any other bankruptcy in San Diego and the rest of America. This is primarily because of:
- The ability to wipe out debt without continuing payments to creditors. Your debt is eliminated in a bankruptcy case. Creditors discharged in bankruptcy are legally forbidden from collecting money from you.
- The ease of the Chapter 7 bankruptcy process. The entire process is about three months long. Your credit begins rebuilding immediately upon completion of bankruptcy.
More than 12,000 of our clients have stated that filing bankruptcy was one of the best choices they ever made. Bankruptcy Law Offices of Mark L. Miller is a respectable legal firm that employs experienced bankruptcy attorneys. We will make sure you qualify for Chapter 7, explain the procedure in detail, handle the paperwork, and walk you through the process from start to finish.
Contact your trusted bankruptcy attorneys in San Diego for a free financial evaluation
We can help if you’re in one 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 for another.
- Your credit card payments are equal to or higher than your household expenses.
- You are struggling with personal loan payments.
- You owe a large tax debt.
- You have been ordered to pay large child support payments which significantly reduce your monthly income.
- You’re late on mortgage payments.
- You’re falling behind with car payments.
- You are involved in a divorce and you have 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 not able to pay off the balances.
- You’re paying a large portion of your income toward your credit card payments.
- You are liquidating your retirement accounts to pay your debt.
- You are being hounded 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 Chapter 7 bankruptcy include credit cards, medical bills, personal loans, different types of income taxes (they have to be at least three years old, assessed more than two years ago, and they have to meet the 240-day assessment rule), attorney's fees, judgements, auto repossessions, foreclosure deficiencies, past due utilities, lawsuits, and more.
All the balance owed on the abovementioned unsecured debts will be eliminated. You are no longer under obligation to pay back these creditors. Under the United States Bankruptcy Code, this is referred to as the “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 today.
Our clients keep all their property in a Chapter 7 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
- Cash in the bank
- Tax refunds
- And MORE!
Qualifying for Chapter 7 bankruptcy
In order to determine your eligibility, the United States Bankruptcy Code first requires an in-depth analysis of your household income and your assets, including real and personal property. Bankruptcy Law Offices of Mark L. Miller will help you assemble a detailed overview of your income and assets to begin the process of filing Chapter 7 bankruptcy.
Then, our attorneys will focus on the following:
1. Passing the bankruptcy means test
Part of your income analysis is confirming that you are able to 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, you qualify automatically.
However, if you are above median income, the means test must be performed to determine the state of your finances and eligibility. Bankruptcy attorneys from Bankruptcy Law Offices of Mark L. Miller will do the calculations to determine the outcome of your means test. Contact us today to get started.
2. Assessing your property
Next, we will analyze your assets to make sure none of your property is at risk if you file Chapter 7. Our law firm will use exemptions to protect your property in a bankruptcy case. Fortunately, exemptions are liberal for residents of San Diego and the state of California, allowing you to keep more of your assets.
3. You can only file Chapter 7 once every 8 years
You can file this type of bankruptcy once every 8 years. If you filed another Chapter 7 case within the past 8 years, you are not eligible to file yet. However, you can consider filing Chapter 13 in San Diego if you need immediate bankruptcy protection. Contact Bankruptcy Law Offices of Mark L. Miller and get detailed information on your Chapter 13 options.
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 ready for your bankruptcy. Our law firm will prepare and submit all of the required documentation on your behalf.
Finally, you are required to complete pre-filing credit counseling through an approved credit counseling agency. We will guide you through the process. Upon completion of credit counseling, our firm will be issued a certificate that we will file with the bankruptcy court.
Protect your property with bankruptcy exemptions
Your property is protected in bankruptcy by exemptions. Choosing the correct set of exemptions is our responsibility and it is the most important aspect of a bankruptcy filing.
The law requires the use of either Federal or State exemptions in a bankruptcy case. California exemptions are typically generous, especially when 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.
Bankruptcy Law Offices of Mark L. Miller has been handling bankruptcy cases for over 25 years; we will choose your exemptions using our legal expertise. 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 about your bankruptcy filing. It is particularly important to consult with an experienced Chapter 7 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
Navigating the bankruptcy process can be overwhelming. Our Chapter 7 lawyers are the best at filing bankruptcies in San Diego. Our process is different from many other bankruptcy firms, bringing convenience, reliability, time-efficiency, and a helping hand throughout the entire bankruptcy process.
What sets us apart from other Chapter 7 bankruptcy lawyers
Our experienced attorneys bring the following advantages:
- Our knowledgeable bankruptcy attorneys meet with every single client. That means you get knowledge, experience, compassion, and detailed analysis from our attorneys. 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 situation. 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 every single one of our clients.
- We explain the procedures, alternatives, and risks associated with filing bankruptcy. We will propose several different options that will help you get out of debt, including bankruptcy and non-bankruptcy solutions.
- We were voted #1 bankruptcy lawyers in San Diego five years in a row. This shows 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. Contact us at the Bankruptcy Law Offices of Mark L. Miller in San Diego today.
Frequently Asked Questions
Chapter 7 is a legal process designed to provide financial relief to individuals in debt. This type of bankruptcy allows individuals who qualify for it to discharge different types of debt they have incurred over time, 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 Chapter 7 bankruptcy. In fact, there is neither a minimum amount of debt nor a debt limit for these cases.
Bankruptcy law allows individuals to discharge their incurred debts when they file a ch 7 bankruptcy. These include a full wipeout of credit card balances, personal loans, money judgments, and more. Also, Chapter 7 can discharge certain taxes if they are at least three years old, if they were assessed more than two years ago, and if they meet the 240-day assessment rule.
Examples of debts that do not go away in this process 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, Chapter 7 bankruptcy cases last about four months. During the first step, one of our bankruptcy lawyers will file your petition with the United States Bankruptcy Court. Then, you will attend a 341a meeting of creditors. The Bankruptcy Court will schedule your 341a meeting and it is typically approximately 30 days later.
Afterward, you will wait approximately three months for your discharge order to be entered by the Bankruptcy Court. Finally, your bankruptcy case will be finalized and you are debt-free!
Chapter 7 bankruptcy can require you to give up non-exempt property and credit cards, but 99.9% keep all of their property.
Yes, we live in complicated times. You should hire an experienced lawyer (we have 25+ years of experience) to ensure your creditors stop contacting you, the correct exemptions are used, and the paperwork is filed properly. You will benefit from legal assistance during the trustee meeting with our experienced attorneys and you will have a successful outcome with your case.
Here’s what you should do when choosing a Ch 7 bankruptcy lawyer to help you with your case:
- Call our office.
All Chapter 7 bankruptcy cases in San Diego take approximately 4 months from filing to discharge. The process can take longer if you are required to provide additional documentation.
Bankruptcy Law Offices of Mark L. Miller has the knowledge, experience, and expertise to successfully lead you through the process of filing Chapter 7 bankruptcy.
We will make the proceedings as easy and as streamlined as possible. All you need to do is contact us, have your free consultation, provide the needed documentation and we’ll take it from there.
Additionally, we provide legal guidance for filing Chapter 11 bankruptcy and protection against harassment from your creditors. Also, we will help you stop foreclosure in San Diego by reorganizing your payments. We provide a comprehensive set of bankruptcy-related legal services that will make the process easier for you. Contact us today!