Frequently Asked Questions

Don’t wait until it’s too late to contact a Sacramento Bankruptcy Attorney!

Many Sacramento residents struggling with their debt wait too long to speak to a knowledgeable bankruptcy attorney. People often delay speaking with a bankruptcy attorney due to the stigma surrounding bankruptcy in years past and the cost of retaining an attorney. However, the good thing for most potential bankruptcy-filers is that bankruptcy consultations are generally FREE of charge. Moreover, the stigma that once surrounded bankruptcy is no longer a valid concern as filing for bankruptcy is very much commonplace in today’s society.

Struggling with finances can lead people to make ill-advised financial moves with the thought that they are making the right choice. However, it is often times that these decisions are just further putting themselves into debt and are just delaying the inevitable. Many people end up wasting away their retirement accounts or signing up for high-interest, short-term loans. Unfortunately, there isn’t an overarching issue that everyone can point to for filing a bankruptcy. However, there are signs that we should look at that can help you decide whether you need to speak with a bankruptcy attorney.

If you think that it’s time for you to speak to a Sacramento Bankruptcy Attorney, please contact us by sending us a message online or calling us at 916-800-7690 and we will set you up with a FREE consultation with prominent Sacramento Bankruptcy Attorney Pauldeep Bains.

Top 5 signs that you need to speak with a Bankruptcy Attorney

1. Credit Card debt is increasing and you are struggling to maintain the minimum payments

If you are using your credit cards to survive until the next month, it is very likely that you should speak with a bankruptcy attorney ASAP. Once you are in the struggle of needing to use your credit cards to get through the month, it is very difficult to break that cycle without receiving a significant raise at work or a large influx of money very soon.

Some people think that if they are making the minimum payments on their credit card debt, they do not need speak with a bankruptcy attorney. Unfortunately, that is not the case. If you are only able to make the minimum payments on credit card debt, the majority of that payment is likely going to cover the interest for that month. So, if you are paying the minimum payment of $90.00 on a credit card with a $10,000.00 balance, don’t be surprised if $80.00 of that payment is going to interest, thus only reducing the principal balance by $10.00.

If you are in this position or feel that you soon will be, speaking with a well-informed Bankruptcy Attorney is highly recommended.

2. You are stuck in the “payday loans” or “high-interest loans” cycle

Getting a payday loan or a high-interest loan is putting a band-aid on much larger problem. As far as payday loans are concerned, the same problem seems to surface as described above with using credit cards to survive until the next month. The payday loan is enough money to bridge the gap between paychecks but unfortunately, it does nothing more. Unless something changes, you are going to be forced to take out another payday loan as soon as you pay the first one back and once that cycle starts, it is difficult to break. On the flip side, if you take out a high interest loan for some quick cash, which can be well into the hundreds of percent as far as interest rate is concerned, you are setting yourself up to pay back in many instances two-times, if not more, the amount of the loan you originally took out. Thus, taking out a $2,000.00 high-interest loan will likely require you to pay back $4,000.00, $5,000.00, etc.

3. You have lost your job or have reduced income at work

The cost of living in the Sacramento area has steadily increased. Many residents in or near Sacramento have unfortunately not been able to build a cushion in their finances and would likely face troubling times if they lost their job or had to deal with a lower income, even for a short period of time. Without a cushion, having to go even one month without income or a lesser amount of income could put Sacramento families underwater. Once that unfortunate event occurs, crawling out of that hole could be more difficult that one would think. What this often leads to is, as discussed above, getting a high-interest loan or running up credit cards to survive.

4. You have been sued

If none of the above clues led you to speak with a Bankruptcy Attorney, you likely have either been sued or are on the verge of being sued. Once payments start being missed, it is only a matter of time until the creditor brings a lawsuit against you. Once that lawsuit has been served on you, the likely outcomes are having your wages garnished, bank account levied, or lien placed on your home.

If you have received a Summons (i.e. lawsuit) or a letter from a creditor threatening a lawsuit, you should contact a Bankruptcy Attorney right away and set-up a FREE consultation to discuss your situation.

5. You are facing a home foreclosure or vehicle repossession

Filing a bankruptcy initiates the automatic stay and forbids a creditor from foreclosing on your home or repossessing your vehicle. In order to avoid your home being foreclosed on or your vehicle from being repossessed, a Chapter 13 bankruptcy allows you to reorganize your debts and enter into a payment plan for upwards of 5 years wherein the creditors cannot foreclose or repossess.

If you are facing a foreclosure or repossession, contact us immediately to discuss your options.

What should you do now?

To set up your FREE consultation with local Sacramento Bankruptcy Attorney Pauldeep Bains, contact Bains Legal, PC, at 916-800-7690 immediately.

Bains Legal, PC, helps clients in the following areas: Sacramento, Elk Grove, South Sacramento, West Sacramento, Natomas, Citrus Heights, Antelope, Fair Oaks, Gold River, Rancho Cordova, Roseville, Rocklin, Lincoln, Wheatland, Yuba City, Marysville, Woodland, Davis, and Lodi.

 

Are you thinking about filing for bankruptcy? If so, there are several things you should consider prior to making any life-changing decisions, such as a bankruptcy.

1. Learn which chapter of bankruptcy is best for you.

The two most common types of bankruptcies that are filed in California are Chapter 7 and Chapter 13. You should understand the fundamental differences between the above two chapters regardless of which chapter you end up filing.

A Chapter 7 is a liquidation bankruptcy in which a Court appointed Trustee will review your financial situation including liabilities and assets and liquidate your assets in order to pay your creditors. For most of our cases, we are able to fully protect a client’s assets and prohibit a trustee from liquidating the assets.

A Chapter 13 is a reorganization wherein a client will enter into a payment plan in order to pay certain debts back over a 3 to 5-year payment period. Some factors that go into your monthly payment amount are items such as income, assets, disposable income, and types of debt.

2. Understand the income eligibility requirements to file.

Once you understand the different chapters in bankruptcy, it’s not just as simple as choosing which chapter you like better and then filing it. Several factors go into determining which chapter you can and should file, none being more important than income. In order to file a Chapter 7 bankruptcy, your household income must be under a certain threshold. If your disposable income is too high based on the Court’s standard, you are not eligible for a Chapter 7. Moreover, in order to confirm a plan in a Chapter 13, your household income must support the projected payment amount. If you cannot show that you will be able to afford the payment, your Chapter 13 case cannot succeed.

3. Consider whether you will be able to keep your vehicle.

Whether you will be able to keep your vehicle through the bankruptcy will be a crucial piece of information you should understand prior to making a decision. Some factors that will be considered when making that determination are whether your vehicle has equity in it and if so, how much; whether your vehicle and other assets are fully exempt; whether you are current on the monthly payments.

4. Consider whether you will be able to keep your home.

Similar to your vehicle, what you want to do with your home will affect which chapter you end up filing. A lot of people use the Chapter 13 reorganization in order to pay back delinquent payments through the Court administered Chapter 13 plan. This is a great way to avoid foreclosure proceedings.

5. Realize the intrusiveness of filing for bankruptcy.

Regardless of which chapter you end up filing, be aware that filing for bankruptcy will require you to disclose several pieces of information to the Bankruptcy Court, the Trustee administering your case, and your creditors, such as the amount of your income, the value of your assets, the monetary amount of your debts, and other related items.

6. Keep in mind that a co-signer could be indirectly affected by your bankruptcy.

Even though you are not required to inform a co-signer of a debt prior to filing your bankruptcy, you should consider how that co-signer would be affected if you do file. By you filing for bankruptcy and ultimately getting a discharge, you will have eliminated your personal obligation on that debt. However, the person who co-signed for you likely can still be liable for the full balance. For example, if you file bankruptcy and discharge $10,000.00 that you owe from a repossessed vehicle, if there was a co-signer on that obligation, the creditor could still go after them for the full balance.

7. Learn what debts will be eliminated in your bankruptcy.

Not all debts are created equally when filing a bankruptcy. Some debts are eliminated and some survive the bankruptcy. It is smart to know which of your debts will actually be eliminated. Some common debts that aren’t discharged in bankruptcy are child support payments, alimony payments, recent tax payments, and student loans.

8. What happens to your credit cards?

Clients commonly ask whether they are allowed to keep a certain credit card out of the bankruptcy and continue to use it. Unfortunately, you are required by law to disclose all debt that you owe in your bankruptcy filing. Further, even if you have a credit card that has a 0 balance, the credit card company will very likely close it down once they are made aware of your bankruptcy case.

9. Are you being sued by anyone?

If you have been sued by a creditor, your situation is likely more urgent than someone who has not. Filing an emergency bankruptcy should be considered when you have been sued by a creditor or when you have a creditor attempting to garnish your wages.

10. Consider the costs that you will face when filing.

There are generally 3 direct costs of filing for bankruptcy: attorney fees, court fees, and credit counseling/financial management fees. Since money is likely tight if you are even considering a bankruptcy, talking to an attorney sooner rather than later will allow you time to gather and pay the necessary fees. Our office offers payment plans for clients in order to assist them during this difficult time.

What should you do now?

If you are considering filing for bankruptcy relief and would like to discuss your situation with a qualified professional, call Bains Legal, PC, at 916-800-7690 to set up your FREE consultation with local Sacramento Bankruptcy Attorney Pauldeep Bains.

Bains Legal, PC, helps clients in the following areas: Sacramento, Elk Grove, South Sacramento, West Sacramento, Natomas, Citrus Heights, Antelope, Fair Oaks, Gold River, Rancho Cordova, Roseville, Rocklin, Lincoln, Wheatland, Yuba City, Marysville, Woodland, Davis, and Lodi.

Whether you file for Chapter 7 or Chapter 13, you will be required to attend a Meeting of Creditors pursuant to 11 U.S.C. § 341.  It’s not a court hearing but it does take place at the Federal Courthouse. Also, it will not be in front of a Judge but rather in front of a Trustee.

For a Chapter 7 filing, generally speaking, that is the only hearing you and your attorney will need to appear at. In a Chapter 13, however, your attorney will likely need to attend actual court hearings in front of the Judge.  In most cases, your attorney can attend those court hearings on your behalf and you will not need to be present at them.

After struggling to pay their debt, many people consider filing bankruptcy as a much-needed solution to relieve them of their financial obligations. This can be a very stressful time in one’s life. Having to deal with harassment from creditors, potential lawsuits, or even home foreclosures are just a few of many issues that people are facing at that time. To add to the stress, they are now needing to find the right bankruptcy attorney that they will be able to work with and seek guidance from. Since filing for bankruptcy is not something somebody does every day, quite often the process of hiring the right bankruptcy attorney can be just as difficult as the actual situation you are in. What questions do you need to ask? What are you looking for in your attorney? Do you even need to hire a bankruptcy attorney?

Part of our job here at Bains Legal, PC, is to ensure that people make educated decisions based on sufficient and rational information. That being said, this page is dedicated to guide you in how to choose the right bankruptcy attorney for you and what qualities to look for in said attorney. If you have any questions regarding hiring a bankruptcy attorney in the Sacramento area, please contact our office at 916-800-7690 and local bankruptcy attorney Pauldeep Bains will provide you his thorough legal analysis based on your particular situation and answer any questions you may have.

Do I even need to hire a bankruptcy attorney?

Legally, you are not required to hire a bankruptcy attorney to file for bankruptcy relief. If you want to file your bankruptcy case without hiring a knowledgeable bankruptcy, make sure you fully understand the bankruptcy code and the local rules of the bankruptcy court prior to filing. While some cases are definitely simpler than others, even the most basic case could prove to be difficult without a full understanding of bankruptcy laws.

There are many things that could go wrong with your case if you file it without the assistance of a legitimate bankruptcy attorney. Since a Chapter 7 bankruptcy case is a liquidation chapter, if you do not properly use the bankruptcy exemptions to protect your assets, the Trustee can and will sell your assets and use that money to pay creditors in your case. Furthermore, there are intricate rules on credit card usage prior to filing, making a payment to an insider, or even where you lived for the 2 years prior to filing that could make-or-break your case.

Moreover, if you are considering filing a Chapter 13 bankruptcy, the likelihood of successfully completing the 3-5 year payment plan without an attorney is nearly impossible. One of the main reasons Chapter 13 cases quite often fail without a local Chapter 13 bankruptcy attorney is because there are numerous time-sensitive and procedural hurdles that the debtor must overcome to be successful. Quite often the Judge in the Chapter 13 case will tell the debtor that he or she needs to go find an attorney if they want any chance at being successful in their Chapter 13.

What should you look for in a bankruptcy attorney?

  • Main Focus is Bankruptcy Law

Bankruptcy Law is a unique and intricate area of law. One of the most important things one should be looking for when hiring a bankruptcy lawyer is the amount of time that attorney devotes to the practice of bankruptcy law. As practicing in the field of bankruptcy requires a sufficient understanding of, among other things, the Bankruptcy Code, the California Code of Civil Procedure, and the Local Rules of the Court, choosing an attorney that only devotes a small portion of their practice to bankruptcy could be the downfall of your case. Many things could go wrong in your case such as the Trustee selling your assets, your discharge being denied, or not being able to confirm a plan in a Chapter 13. Thus, hiring an attorney that isn’t regularly practicing bankruptcy law puts you at a disadvantage as that attorney may not foresee those issues arising.

  • Has Sufficient Experience

If an attorney has never practiced bankruptcy law before or is relatively new to it, they potentially do not have the real-world experience in handling your case. Each case is unique and without having several years of practice under your belt, even the most highly educated attorneys might not realize what needs to be done to fully prosecute a case.

  • Familiar with the Local Rules and the Local Trustees

A common sports terminology is that the local team where the game is being played has the “home-court advantage”. This applies to law as well. Most courts have their own set of local rules that are distinct to that court and district alone. Moreover, each Trustee within that district has different requirements that must be met. Debtors who hire attorneys that are not familiar with the local rules and local trustees could be at a disadvantage before their case is even filed.

  • Practices both Chapter 7 and Chapter 13

The two most common bankruptcy chapters are 7 and 13. Both chapters offer their own advantages over the other as well as potential pitfalls. Choosing which chapter to file is likely the first big decision you and your attorney will make together. Thus, you should only feel comfortable discussing your potential case with an attorney that is highly knowledgeable in both chapters so they can properly advise you as to which is more beneficial for you.

  • Promptly returns your phone calls and emails

One of the biggest complaints I hear from potential clients is that other attorneys they have worked with or consulted with in the past never return their emails or phone calls or take weeks to respond. You are paying your hard-earned money to the attorney so it should be reasonable that they communicate with you in a timely manner. Filing for bankruptcy is a stressful process and waiting weeks to hear back from your attorney will only add to the stress.

  • Flexible hours

Most people that are filing for or are considering bankruptcy are experiencing a financial hardship and cannot afford to take multiple days off from work. Prior to hiring an attorney, make sure you will be able to meet with him or her at times that are convenient for you. While most law offices have standard office hours, some offer evening or weekend appointments, if necessary.

  • Charges reasonable fees

Doing a quick search for bankruptcy attorneys will yield a wide range of amounts that they charge. Merely choosing the least expensive attorney could put you in a situation where you are hiring a “mill” where you end up feeling that you are just another case for their office to file. On the other side, just because an office charges a fee higher than any other firm that you’ve contacted doesn’t necessarily mean that you are getting a more knowledgeable bankruptcy attorney than someone charging less. Make sure you fully understand what your fees will cover and are completely comfortable with who you hire.

  • The attorney ensures that you thoroughly understand your bankruptcy case

You are the one filing for bankruptcy relief, not your attorney. That being said, you should be fully competent of the effect of this filing and what advantages and disadvantages it will present. When looking for a bankruptcy attorney, check to see if they actually spend time with you to answer questions you have and fully explain to you the process.

  • You receive direct attorney-client contact

You are hiring a bankruptcy attorney to assist you during this very difficult time. While it is common for law firms to have assistants and paralegals to assist them, you shouldn’t be in a position where you are only dealing with that assistant. If you are unable to directly speak with the attorney that you hired, you might want to consider someone else.

  • Has positive reviews from former clients

What better way to find out about an attorney than seeing what experience past clients had. With the explosion of the internet and review sites such as Yelp and Google, you should spend the time to read reviews from past clients. This will allow you the opportunity to make an educated decision on how you will likely be treated if you hire that attorney.

What should you do now?

If you are considering filing for bankruptcy relief, call Bains Legal, PC, at 916-800-7690 to set up your FREE consultation with local Sacramento Bankruptcy Attorney Pauldeep Bains. Mr. Bains has over 7 years of experience focusing on bankruptcy law in the greater-Sacramento area. Mr. Bains will take the time answering any questions you may have so you can make a rational decision on how to move forward. Mr. Bains has the knowledge and expertise to assist you in both Chapter 7 and Chapter 13 cases.

Don’t just take our word for it---see what past clients think on YELP!

Bains Legal, PC, helps clients in the following areas: Sacramento, Elk Grove, South Sacramento, West Sacramento, Natomas, Citrus Heights, Antelope, Fair Oaks, Gold River, Rancho Cordova, Roseville, Rocklin, Lincoln, Wheatland, Yuba City, Marysville, Woodland, Davis, and Lodi.

 

Absolutely not. What the above question lays out is exactly what the courts are trying to avoid---having debtors hide assets when filing for bankruptcy. If you do this, the Trustee has the power to reverse that transaction and possibly liquidate that asset for the benefit of creditors. Moreover, if the Trustee can prove that you intended to defraud the creditors, the Court can deny your discharge altogether. Call our office at 916-800-7690 to schedule your FREE consultation with an experienced Bankruptcy attorney right away.

Unfortunately not. When you file for bankruptcy, you are required by law to list everyone you owe money to. That means regardless of whether you want to keep a certain credit card or not, you must list it when you file for bankruptcy.

Actually, that is incorrect. When filing for Bankruptcy, the Court requires the debtor to disclose their complete household income.  That means even if one spouse is not filing for Bankruptcy, as long as they are living together as a married couple, we will have to see the non-filing spouse’s income as well.

It actually will. What the court sees that as is a preferential payment and what the Trustee could do is get the $3,000.00 back from your dad and split it evenly among your other creditors.  The reason for this is because the court wants all of the unsecured creditors to be treated equally, be it your dad or be it a credit card. Schedule a FREE no-hassle consultation with our high quality Sacramento Bankruptcy Attorney right away to speak about your particular case.

If you previously filed a Chapter 7, you must wait 8 years to file another Chapter 7 or 4 years to file a Chapter 13 (from filing date to filing date). If you previously had filed a Chapter 13, you must wait 2 years to file another Chapter 13 or 6 years to file a Chapter 7 (from filing date to filing date).

Now that you have been sued, your time is running out and you need to act quickly. Below you will find a small list of some common options you have when being sued for a delinquent credit card:

  • Do nothing. After your 30-day window runs out, the creditor will most likely request the Court enter a Default Judgment against you. That Judgment essentially means that they filed a lawsuit against you, served you that lawsuit, and you did not respond within the 30-day time period. Once the Default Judgment is entered, they will now try to collect that money from you by most likely garnishing your wages or levying your bank account.
  • Pay the balance in full.
  • Contact the creditor and attempt to settle the account for less than the full balance.
  • File an answer in Civil Court in response to that lawsuit. This will generally require a filing fee and it is recommended that you hire a Civil Attorney to do this. In most cases, this will just extend the case out and now you will have to fight with the creditor in Civil Court in regards to that lawsuit.
  • File a Bankruptcy. This will essentially make the lawsuit against you moot. Our office will immediately send notice of the Bankruptcy to the creditor suing you and they will generally dismiss the Civil Case against you. Once your Bankruptcy is complete and you have received your discharge, you will have eliminated your obligation to pay that debt to the creditor.

Filing for Bankruptcy is an excellent way to save your car from being repossessed. Once the Bankruptcy is filed, the automatic stay pursuant to 11 U.S.C. § 362 is initiated and the lender is not allowed to repossess your car. If you are looking to buy some time to either purchase a different car or to quickly catch up on the missed payments and keep the car, Chapter 7 is what you need to consider. However, if you want to save the car by restructuring the loan into a 3-5 year payment plan and slowly pay back the loan, Chapter 13 is your answer.

Speak with a Skilled Bankruptcy Attorney before it’s too late!

Many Northern California residents are experiencing financial hardships and have been unable to find a helpful solution for their struggles. Some individuals have racked up tens of thousands of dollars of credit card debt and only see the amounts that they owe increase each month. Others have fallen behind on a mortgage payment and lose sleep each night wondering what will happen with their family home.

These same individuals are hesitant to speak with a bankruptcy attorney due to the social stigma that has long followed bankruptcy. However, due to the recent economic downturn felt in California, the stigmas that once hung over bankruptcy filers are no longer present. In fact, many of your co-workers, family members, and friends have already filed for bankruptcy relief and are realizing the many benefits that bankruptcy has afforded them.

If you are struggling financially and want to learn more about the benefits of filing for bankruptcy, contact our office by clicking HERE or by calling 916-800-7690 and you will speak directly with Sacramento Bankruptcy Lawyer Pauldeep Bains.

Benefits of Bankruptcy

The specific benefits people experience when filing for bankruptcy depends on their particular circumstances and the actual chapter they file. However, one overarching benefit that all bankruptcy filers receive is getting a FRESH START.

Some common benefits of bankruptcy, include, but are not limited to, the following:

Eliminate Dischargeable Debt – By filing for bankruptcy relief and receiving a discharge at the completion of the case, you are eliminating your personal obligation to pay back those certain debts. Some debts that are dischargeable are credit cards, personal loans, medical bills, foreclosure deficiencies, repossession deficiencies, and pay-day loans.

Take Advantage of the Automatic Stay – The Automatic Stay is an injunction placed on creditors from taking certain actions against you for a certain period of time. Once your case is filed, the Automatic Stay immediately goes into place and creditors are barred from foreclosing on your home, repossessing your car, garnishing your wages, etc.

Stop Harassing Phone Calls – As soon as you retain Bains Legal, PC, and your creditors have confirmed that, they will immediately stop calling you and demanding payments. In turn, they will start calling our office as they are no longer allowed to contact you.

Save Your Home – If you have fallen behind on mortgage payments and now you have no idea how you can make 6 mortgage payments in one month, Chapter 13 will allow you to reorganize those missed payments and pay them back over a 5-year span. As long as you make the Chapter 13 payments, the mortgage company is not allowed to foreclose on your home.

Benefits of Filing with Bains Legal, PC

No Surprise Fees – We are not here to trick you, especially when it comes to fees. Some firms get you in the door by advertising “Fees as low as _______” and then once you’re in, your fees somehow get doubled due to different criteria. We do not work that way. You will know the exact price you are going to pay and will never be told anything otherwise.

Direct Attorney-Client Relationship – Mr. Bains strongly feels that clients’ cases should not be passed on to staff members to deal with and figure out. From the initial consultation to the closing of your case, you will be dealing directly with Sacramento Bankruptcy Attorney Pauldeep Bains.

Payment Plans – Here at Bains Legal, PC, we understand that when a person is contemplating filing for bankruptcy, they might not always have significant cash saved up to pay the fees. Since our number one priority is always the client, we offer reasonable payment plans and get started on the case immediately.

Experienced Bankruptcy Attorney – Bains Legal, PC, is a bankruptcy law firm. Assisting struggling individuals file for bankruptcy relief is Mr. Bains’ main focus and has been since he passed the bar in 2010.

Don’t believe us?

Mr. Bains prides himself in customer satisfaction. Feel free to read our client testimonials---Yelp Reviews and Google Reviews.

What should you do now?

To set up your FREE consultation with local Sacramento Bankruptcy Attorney Pauldeep Bains., contact Bains Legal, PC, at 916-800-7690 immediately. Mr. Bains has spent his entire legal career assisting people to file for relief under the bankruptcy code and is ready to start that journey with you.

Bains Legal, PC, helps clients in the following areas: Sacramento, Elk Grove, South Sacramento, West Sacramento, Natomas, Citrus Heights, Antelope, Fair Oaks, Gold River, Rancho Cordova, Roseville, Rocklin, Lincoln, Wheatland, Yuba City, Marysville, Woodland, Davis, and Lodi.

The Means Test is the test used to determine if your income is low enough to file for Chapter 7 relief. The formula that Congress created is to keep higher income earners from filing for Chapter 7. If you fail the Means Test, that means you are ineligible to file a Chapter 7. If you still need to file for Bankruptcy relief, you would be required to file a Chapter 13 and enter into a 3-5 year repayment plan for some of your debts.

How the Means Test works is in two stages. The 1st stage is when we look at the past 6 months of your household income and compare it to the median income for your particular household size in your particular state. If your monthly income based on the past 6 months is lower than that of the median income for your particular household size, you pass the Means Test and you are eligible for a Chapter 7 based on your income.  If, however, your income is above the median income for your household size, you must move forward to the 2nd stage.

Stage 2 is where you will deduct certain allowed expenses (i.e. mortgage payment, car payment, etc.) from your gross income to determine your disposable income. If you are left with enough disposable income to pay back certain debts (i.e. credit cards), you are again ineligible for a Chapter 7 and will need to consider a Chapter 13. The amount that is left over will help determine what your Chapter 13 plan payment would be. If you are not left with any disposable income after deducting the allowed amounts, you pass the means test and are eligible to file for Chapter 7.

Let a Top-Rated Sacramento Bankruptcy Lawyer help you!

If you are currently facing severe debt problems and are considering filing for bankruptcy relief, your first step should be to find high quality legal representation to be in your corner. Here at Bains Legal, PC, we pride ourselves in providing every client with the high level of legal expertise that they need. We understand that this might be your first time dealing with an attorney or even being in a legal setting. Our goal is to walk you through the bankruptcy process while ensuring that you understand and are comfortable with each step along the way.

At Bains Legal, PC, we offer a FREE CONSULTATION to anyone who is interested in reviewing their legal options and would like to learn the potential benefits that a bankruptcy could provide them. Filing for bankruptcy can be a difficult process but our office is available to make the process as smooth and stress free as possible. A large part in filing for bankruptcy relief is understanding when the ideal time is to actually file. Rushing into a filing or waiting too long to file can have grave consequences on your particular case. Here at Bains Legal, PC, we don’t waste any time on your case and start that planning process during your initial consultation.

You Don’t Need to Bring Anything To Your Consultation

During your FREE CONSULTATION with Top-Rated Sacramento Bankruptcy Lawyer Pauldeep Bains, you will discuss with Mr. Bains your household finances to determine whether bankruptcy is your best option. You do not need to bring anything with you, however, you should be prepared to discuss your income, assets, and liabilities. Mr. Bains is well-versed in the Federal Bankruptcy Rules and Local Rules of this Court. Thus, the goal of this consultation will be to accurately assess the likelihood of a successful bankruptcy case if you were to file and moreover, whether a Chapter 7 or Chapter 13 bankruptcy will provide you the greatest results.

Why You Should Choose Bains Legal, PC

When choosing a bankruptcy attorney, there are several factors one should consider before making a decision. For one, you want to make sure the attorney you choose is highly knowledgeable in both Chapter 7 and Chapter 13 rules. Some attorneys solely focus on Chapter 7 cases. That attorney likely knows the rules of Chapter 7 sufficiently but without understanding the intricacies of both Chapter 7 and 13, it would be impossible to make an educated decision on whether one chapter is better than the other. At Bains Legal, PC, Sacramento Bankruptcy Attorney Pauldeep Bains regularly practices in both Chapter 7 and Chapter 13 cases and has the intellect to advise you which chapter will better suit your particular case.

Moreover, you want to make sure the attorney you hire is the actual person who you will be dealing with. At some firms, you will never speak to, personally see, or have any interaction with the actual attorney except for the initial consultation and the final court hearing. Here at Bains Legal, PC, the ONLY person you will speak to, personally see, and have interaction with is Top-Rated Bankruptcy Attorney Pauldeep Bains. Mr. Bains will not pass your case on to a staff member as soon as he is hired. All emails and/or calls with be returned personally by Mr. Bains. All appointments will be directly with Mr. Bains. He will work tirelessly on your case to get you the results that you are in search of.

Finally, it is always wise to consider past client reviews of any attorney prior to signing a retainer agreement. Reading past client reviews shows you the opinions of clients that have already used that particular firm and whether they would recommend someone else hiring the same person. Mr. Bains prides himself in customer satisfaction and his online reviews show exactly that---Yelp Reviews and Google Reviews.

What should you do now?

To set up your FREE CONSULTATION with local Sacramento Bankruptcy Attorney Pauldeep Bains., contact Bains Legal, PC, at 916-800-7690 immediately. Mr. Bains has spent his entire legal career assisting people to file for relief under the bankruptcy code and is ready to start that journey with you.

Bains Legal, PC, helps clients in the following areas: Sacramento, Elk Grove, South Sacramento, West Sacramento, Natomas, Citrus Heights, Antelope, Fair Oaks, Gold River, Rancho Cordova, Roseville, Rocklin, Lincoln, Wheatland, Yuba City, Marysville, Woodland, Davis, and Lodi.

Although filing for Bankruptcy and receiving a discharge will eliminate most of your debts, there are debts that will survive the bankruptcy and you will still owe these debts after your Bankruptcy is complete. These debts are considered non-dischargeable debts. The most common types of non-dischargeable debts are certain tax claims, student loans, child and alimony support, debts to governmental units for fines and penalties, and debts obtained by fraud. The Bankruptcy Code that governs non-dischargeable debts is 11 U.S.C. § 523.

Under most circumstances, the Trustee will not be able to liquidate your 401k and pay that money to creditors. The reason being is because the exemption used to protect 401k accounts allows the debtor to protect and save their 401k to the extent reasonably necessary to support the debtor, his or her spouse, and any dependents.

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

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.