Bankruptcy

Bankruptcy Attorney in Rancho Cucamonga

Bankruptcy Attorney Rancho Cucamonga

Burga Law Firm PC helps individuals with debt relief under the bankruptcy code. There are different types of bankruptcy. Some are for consumers and some are for businesses. To help you determine which type of bankruptcy best suits your needs, we’ll have to review your income and assets.

CHAPTER 7 BANKRUPTCY

This is the most common type of bankruptcy. It allows consumers and businesses to discharge their debt as long as they meet certain income and assets limitations requirements. The California Means Test is a way to calculate income of the debtor. It is used to determine if the debtor qualifies under Chapter 7. Do you want to know if you qualify for a Chapter 7 bankruptcy case? Give us a call. At Burga Law Firm PC, we have obtained a discharge of their debt under Chapter 7 bankruptcy court for many clients.

What documents do I need to file for Chapter 7

Depending on your situation, each debtor must provide at minimum the following documents:

  • Valid form of Identification (State ID, Driver’s License)
  • Proof of Social Security Number (Social Security card, W2 form)
  • Last 2 months of pay stubs
  • Last 3 years of filed Income Tax Returns
  • Last mortgage statement

What is the cost to file for Chapter 7

To file for Chapter 7 in the Central District of California, the filing fee is $335.00. Attorney fees may vary depending if you are filing single or jointly.

CHAPTER 13 BANKRUPTCY

Under a chapter 13 bankruptcy, a debtor makes a repayment plan of about 3-5 year to the creditors offering to pay off all or part of the debts from the debtor’s future income. There are several benefits that come with filing a Chapter 13. One of them is that you can use Chapter 13 to prevent a house foreclosure; make up missed car or mortgage payments; pay back taxes; stop interest from accruing on your tax debt (local, California state, or federal); keep valuable non-exempt property; and more. If you can stick to the terms of your repayment agreement, all your remaining dischargeable debt will be released at the end of the plan (typically three to five years). The amount to be repaid is determined by several factors including the debtor’s disposable income as is usually determined as part of the California Means Test.

What documents do I need to file for Chapter 13?

In order to start your Chapter 13 case you would need at least the following:

  • Valid form of Identification (State ID, Driver’s License)
  • Proof of Social Security Number (Social Security card, W2 form)
  • Last 6 months of pay stubs
  • Last 6 months of bank account statements
  • Declarations page of your auto insurance policy
  • Most recent mortgage statement
  • Most recent auto loan statement

There are other documents that the Chapter 13 Bankruptcy court will require depending on your situation. Give Burga Law Firm a call so that we can help you determine if you qualify for a Chapter 13 case.

What is the cost to file a Chapter 13 case?

To file for Chapter 13 in the Central District of California, the filing fee is $305.00. Our fee will vary depending in your situation and how much work will be required. If you cannot afford the entire fee, we can still represent you by putting the balance of your fee into your Chapter 13 Plan.

How many times can I file for Chapter 13?

There is no limit as to how many Chapter 13 cases you can file; but there is a point where a debtor cannot reasonably handle multiple chapter 13 cases at once.

What types of debt are not dischargeable under Chapter 13?

If debtor completes all payments required by the plan, a discharge of the debt will be granted except:

  • debts paid outside of the plan
  • debts for child support and alimony
  • debts for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel or aircraft while intoxicated
  • most tax debts
  • debts for restitution or criminal fines
  • debts for fraud, embezzlement or larceny
  • debts for student loans (unless a court rules that not discharging the debt would impose an undue hardship on the debtor and his or her dependents)
  • debts for damages caused by willful or malicious conduct by the debtor
  • installment debts whose last payment is due after the completion of the plan
  • debts incurred while the plan was in effect that were not paid under the plan
  • debts owed to creditors who did not receive notice of the chapter 13 case
  • long-term debts upon which payments were made under the plan

A partial chapter 13 discharge, which is granted when a debtor is unable to complete the payments under a plan. This can be due to circumstances for which he or she should not be held accountable, discharges the debtor from all debts except:

  • secured debts (i.e., debts secured by mortgages or liens)
  • debts that were paid outside of the plan and not covered in the plan
  • installment debts whose last payment is due after the completion of the plan
  • debts incurred while the plan was in effect that were not paid under the plan
  • debts owed to creditors who did not receive notice of the chapter 13 case
  • debts that are not dischargeable in a chapter 7 case
  • long-term debts upon which payments were made under the plan