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About Bankruptcy

Experience, Integrity, and a Commitment to Excellence in Northern California

When considering bankruptcy, deciding who will represent you is your most important decision. It’s crucial that you understand the complex nuances and regulations of bankruptcy law nationally, in California, and within your specified district and division. Local rules, practices, procedures, policies, forms, and controlling case law all have an impact on how bankruptcy is practiced in your area.

Our firm has years of consumer bankruptcy experience in Northern California. As such, we know the judges, trustees, staff, and other players in the bankruptcy system. These relationships, along with our knowledge and experience, are valuable in ensuring our clients’ cases sail through the system without any problems.

The Bankruptcy Code is the uniform federal law that governs all bankruptcy cases, and the procedural aspects of bankruptcy are governed by the Federal Rules of Bankruptcy Procedure as well as the local rules of each court. Our firm is experienced in the rules and procedures of bankruptcy in the Northern California district courts, with offices in Sacramento, Roseville, Yuba City, Vacaville, and Fairfield.

Much of the bankruptcy process is administrative, and those filing for bankruptcy rarely have to appear before a judge. Occasionally, filing for bankruptcy will require a meeting of creditors, during which we will answer any questions or concerns your creditors may have, but bankruptcy cases are most often overseen by a specially appointed trustee—and our firm will make sure all the requirements outlined by this trustee are fulfilled to ensure the success of your case.

The fundamental goal of bankruptcy is to give debtors a fresh start. This is most often accomplished by a bankruptcy discharge, which will release you from any debt and will stop creditors from trying to collect. There are six types of bankruptcy, all of which our attorneys are familiar and experienced with, and these are outlined below. To speak with one of our attorneys to find out which type of bankruptcy may be right for you, please give us a call at any time at 1-800-425-4357.

Chapter 7 bankruptcy allows for the elimination of debts through asset liquidation, a process by which assets are distributed to creditors in return for a debt discharge. This liquidation will likely not apply to certain properties and secured loans, so our attorneys will help you find the best way to keep your assets while eliminating your debt. To find out whether you may qualify for Chapter 7 bankruptcy, please see our outline of the means test.

Chapter 9 bankruptcy is reserved for municipalities, including towns and counties, and allows for debt reorganization.

Chapter 11 bankruptcy may be useful if you own a business and want to continue operating after your bankruptcy. This type of bankruptcy reorganizes and reduces your debt, allowing you to repay creditors a portion of the amount owed while eliminating the rest. Our firm is experienced in helping businesses keep their doors open following a bankruptcy—to find out how we can help you, please contact us.

Chapter 12 bankruptcy applies solely to farmers and fishers with regular annual income, allowing a debtor to reorganize and repay debts under a similar process as under Chapter 13.

Chapter 13 bankruptcy allows you to reorganize and repay your debt while keeping valuable assets, such as your house, even if you may not qualify for Chapter 7 bankruptcy. This type of bankruptcy allows you to propose a repayment plan spanning three to five years and also generally allows you to retain control of your estate. Throughout the duration of the Chapter 13 repayment plan, you are protected from lawsuits, wage garnishment, and other creditor action, and once the repayment plan is complete, your debts are discharged.

Chapter 15 bankruptcy provides for cross-border cases, in which the property of a debtor is subject to the laws of the United States and one or more foreign countries.

The process of filing for bankruptcy is complex, and our firm will ensure you are able to take advantage of your fresh start while keeping many of your assets. To find out how we can guide you through the bankruptcy process, please schedule a free consultation by calling us at 1-800-425-4357.