Chapter 7

Chapter 7 Bankruptcy is a Chapter of Bankruptcy that discharges (i.e. eliminates) most types of debts. Filing for relief under Chapter 7 is the quickest and most efficient way to eliminate your debts. Some debts that can be discharged in a Chapter 7 are:

  • Credit cards
  • Personal loans
  • Online loans
  • Payday loans
  • Medical bills
  • Deficiency balances from car repossessions or home foreclosures
  • Broken leases

The Bankruptcy Trustee that is administering your case is allowed to liquidate any assets that cannot be legally protected. However, in most cases, our experienced and knowledgeable attorney will be able to navigate through the necessary exemptions to protect all of your assets from being liquidated. If you are ready to take the first step in getting that fresh start that you deserve, call Bains Legal at 916-800-7690 right away!

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Clients Choice Award for Bankruptey Law

The Ten Steps to Our Simple Bankruptcy Process

FREE INITIAL CONSULTATION

Upon contacting Bains Legal, you will immediately be scheduled a free initial consultation with Mr. Bains. Mr. Bains will answer any and all questions that you might have. To accommodate your schedule, the initial consultation can be done in person or on the phone.

DOCUMENT GATHERING

Once you’ve retained our office, you will be tasked with completing our simple & easy to follow Bankruptcy Packet. This will assist our office in preparing your Bankruptcy Petition for filing with the Court. 

DOCUMENT REVIEW

Upon completion of the Bankruptcy Packet, a follow-up meeting will be scheduled with Mr. Bains. In this meeting, Mr. Bains will review the completed Bankruptcy Packet with you to ensure it’s completeness.

PREPARATION OF YOUR BANKRUPTCY PETITION

Mr. Bains will now use his expertise to personally prepare your Bankruptcy Petition. This will include the Voluntary Petition, Schedules, Statement of Financial Affairs, and if filing for Chapter 13, your Chapter 13 Plan.

REVIEW

Mr. Bains will now review with you the initial draft of your Bankruptcy Petition. Mr. Bains will ensure that you understand the contents of the entire petition prior to moving forward. Any modifications and/or edits will be made at this time.

SIGNING

A final draft of the Petition will be prepared for your signature. Both you and Mr. Bains will sign the final draft at this time.

FILING

Once the final draft has been signed, we will now electronically file your case with the Bankruptcy Court and provide you with a case number. 

§ 521 DOCUMENTS

Upon filing your case, you will be required to provide certain documents to your assigned Bankruptcy Trustee pursuant to 11 U.S.C. § 521. Our office will gather those documents and send them directly to the Trustee on your behalf. 

§ 341 MEETING OF CREDITORS

Within 30-45 days of your case being filed, you will be required to attend a Meeting of Creditors pursuant to 11 U.S.C. § 341. Mr. Bains will prepare you for this meeting and will appear with you at the scheduled day and time. 

RACE TO THE FINISH

If filing for Chapter 7, the 341 Meeting will typically be the last thing that you are required to do in your case. If filing for Chapter 13, your payments to the Trustee will begin and Mr. Bains will assist you in confirming your Chapter 13 Plan. 

The Ten Steps to Our Simple Bankruptcy Process

Upon contacting Bains Legal, you will immediately be scheduled a free initial consultation with Mr. Bains. Mr. Bains will answer any and all questions that you might have. To accommodate your schedule, the initial consultation can be done in person or on the phone.

Once you’ve retained our office, you will be tasked with completing our simple & easy to follow Bankruptcy Packet. This will assist our office in preparing your Bankruptcy Petition for filing with the Court. 

Upon completion of the Bankruptcy Packet, a follow-up meeting will be scheduled with Mr. Bains. In this meeting, Mr. Bains will review the completed Bankruptcy Packet with you to ensure it’s completeness.

Mr. Bains will now use his expertise to personally prepare your Bankruptcy Petition. This will include the Voluntary Petition, Schedules, Statement of Financial Affairs, and if filing for Chapter 13, your Chapter 13 Plan.

Mr. Bains will now review with you the initial draft of your Bankruptcy Petition. Mr. Bains will ensure that you understand the contents of the entire petition prior to moving forward. Any modifications and/or edits will be made at this time.

A final draft of the Petition will be prepared for your signature. Both you and Mr. Bains will sign the final draft at this time.

Once the final draft has been signed, we will now electronically file your case with the Bankruptcy Court and provide you with a case number. 

Upon filing your case, you will be required to provide certain documents to your assigned Bankruptcy Trustee pursuant to 11 U.S.C. § 521. Our office will gather those documents and send them directly to the Trustee on your behalf. 

Within 30-45 days of your case being filed, you will be required to attend a Meeting of Creditors pursuant to 11 U.S.C. § 341. Mr. Bains will prepare you for this meeting and will appear with you at the scheduled day and time. 

If filing for Chapter 7, the 341 Meeting will typically be the last thing that you are required to do in your case. If filing for Chapter 13, your payments to the Trustee will begin and Mr. Bains will assist you in confirming your Chapter 13 Plan. 

Services

Services

Free Consultation

Here at Bains Legal, we set ourselves apart from other firms because we provide direct client to attorney contact from the initial consultation all the way through the discharge in your particular case. We will not pawn your case off to a staff member at any point through the process. When you call Bains Legal, you WILL speak with local Sacramento Bankruptcy Attorney Pauldeep Bains. Please call Bains Legal ASAP at 916-800-7690 to schedule your FREE in-person or phone consultation with Pauldeep Bains and let Bains Legal begin getting you the fresh start that you deserve.

916-800-7690

Testimonials

Testimonials

Frequently Asked Questions

No, you are not required to hire an attorney. However, filing for Bankruptcy without the assistance of a knowledgeable Bankruptcy attorney might get you in more trouble than you expected. Having the Trustee sell your assets without your permission, having your case dismissed because you miss an important deadline in your case, or having your discharge denied are just three of the many risks you face if you file for Bankruptcy relief without the assistance of an experienced Bankruptcy attorney.

It depends. One portion of the fee is a court filing fee that is required in order to file your case. The court filing fee is $335.00 for a Chapter 7 filing and $310.00 for a Chapter 13 filing. The other portion is the attorney fee and this depends on your particular case. Schedule a FREE consultation with our knowledgeable Chapter 7 and Chapter 13 Bankruptcy attorney ASAP to discuss your case and to receive your free quote.

Yes. We understand that a lot of times those that are filing for Bankruptcy do not have the up-front fees to pay for an attorney. In those situations, we offer generous payment plans in which we can move forward with the particular case immediately and receive the fees on a monthly payment plan.

Absolutely not. In fact, filing for Bankruptcy will in most cases start the process of increasing your credit score. The reason for this is because one major factor in determining your credit score is “debt to income ratio”.  With significant debt on your credit profile, your credit score will consistently remain bad. By filing for Bankruptcy and discharging your debts, you can quickly turn that around.

Yes. As long you take the necessary steps to rebuild your credit post-bankruptcy, you can qualify to purchase a home in as little as 18-24 months.

As soon as you retain our firm, our skilled Sacramento Bankruptcy Attorney will advise you to tell any creditor that contacts you that you have retained our office and that your Bankruptcy attorney has advised you not to speak with them. This will generally get them to stop calling you immediately and they will start calling our office instead. Moreover, as soon as you actually file the Bankruptcy case, creditors are legally required to stop calling you.

A Bankruptcy can stay on your credit report for up to 10 years. However, the important thing is to start rebuilding your credit as soon your Bankruptcy is complete. If you take the necessary steps post-bankruptcy in rebuilding your credit, you will be amazed as to how quickly your credit score bounces back.

While the length of your bankruptcy case will depend on several factors, most Chapter 7 cases will receive a discharge in approximately 4 months. A Chapter 13 is a longer process and will require you to be in the case for 3 to 5 years.

This depends on several factors. In short, if you are able to protect any equity in the car with the necessary exemptions and you remain current on the payments, you have a good chance of being able to keep the car in a Chapter 7. Moreover, if you file a Chapter 13, you will have the ability to include the car loan in your 3-5 year Chapter 13 payment plan and potentially even reduce the interest that you pay on it.

Now that you have been served a wage garnishment order, your employer is required to start withholding a certain amount of money from each of your future paychecks until the balance is paid in full. Generally, the amount that they will withhold will be equal to 25% of your disposable earnings. That means each paycheck you receive moving forward, 25% of your net-income will be sent to the creditor that issued the wage garnishment order. One way to stop this from ever occurring is to file a bankruptcy. Once the Bankruptcy has been filed, they are no longer allowed to garnish your wages. Our office can sometimes have your Bankruptcy filed the same day you contact our office in emergency situations to sop the garnishment from ever taking place.

In a lot of cases, people are tens of thousands of dollars in credit card debt but are still current on each payment. In these situations, it is a smart decision to speak with our experienced Bankruptcy attorney regarding the different options you have. For example, a person making the minimal monthly payment on $20,000.00 of credit card debt will very likely end up paying twice that amount back over the next 5-10 years when accounting for interest, late fees, etc. All the while, this person’s credit score is stuck at a mediocre score because of the large amount of debt on their credit. If the same person had filed for Bankruptcy, they would have saved tens of thousands of dollars and would see their credit score start drastically rising as soon as they receive their discharge.

Do not let another day go by without knowing your legal options. Contact Bains Legal today and you will hear from our highly qualified and knowledgeable attorney who looks forward to speaking with you at your earliest convenience.

Contact Us

Do not let another day go by without knowing your legal options. Contact Bains Legal today and you will hear from our highly qualified and knowledgeable attorney who looks forward to speaking with you at your earliest convenience.