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.
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 Lawyer 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:
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.
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.
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.
Here at Sacramento Bankruptcy Lawyer, 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 Sacramento Bankruptcy Lawyer, you WILL speak with local Sacramento Bankruptcy Lawyer Pauldeep Bains. Please call Sacramento Bankruptcy Lawyer ASAP at 916-800-7690 to schedule your FREE in-person or phone consultation with Pauldeep Bains and let Sacramento Bankruptcy Lawyer begin getting you the fresh start that you deserve.
Paul is not only an outstanding attorney but also an honest, open and caring person. When I found myself in the unfortunate situation of having to file bankruptcy, I also found myself experiencing a great deal of shame and despair. Obviously, I was not at a high point in life financially; I had been hit hard by the recession/lack of work and some...
As a financial consultant, I've dealt with Paul on numerous occasions. As always, Paul was/is there to guide me through the "bankruptcy laws" in order for me to serve my clients better. I highly recommend Paul and his expertise in Bankruptcy Law or any other legal services. One word that sums him up is: GENUINE. He ACTUALLY cares.
It's with great certainty that I say Paul is the best attorney I've had the honor of representing me. When the unfamiliarity of bankruptcy law mix with personal financial stresses you find yourself in a situation where you need all the help you can get, yet difficult to establish trust in others. Paul was the package solution to both problems. His...
Not only is Paul a highly competent lawyer but a great person as well. My case was very complicated and Paul provided honest and accurate information along the way. He took a load off my shoulder and I am so grateful for his support. I would introduce any one of my friends or family members to Paul in confidence that they too are working with the...
I would recommend Paul Bains to anyone who needs a bankruptcy attorney. He is someone who care about your situation and will help you find a solution.
Mr. Bains is an exceptional attorney with a strong foundation in bankruptcy law. He understands filing for bankruptcy is one of the most difficult decisions one will make in their lifetime. Given that, he takes the time to inform each client of their legal rights and recommends a tailored plan to ease the process. Should you find yourself...
I am definitely happy that I chose Paul Bains at Sacramento Bankruptcy Lawyer to represent my family in a legal matter. He kept me informed every step of the way, and made us feel really comfortable with the entire process. I will continue to recommend Paul Bains to all of my family and friends.
Paul is by far the best attorney I've ever met. I had some things come up in my life and had no other option but to file bankruptcy. Paul was very patient with me and listened empathizing with me during my whole ordeal. I got really anxious during court and his kind words of encouragement got me through the hearing. It's been 2 years since my bk was...
As a practicing attorney in another area of law, I often come across clients in need of Bankruptcy services. In every case I have referred them to Mr. Bains. Just recently, the clients I referred were facing imminent foreclosure proceedings, but he was able to halt the process and keep a roof over their heads. He provided a financial plan to get...
I cannot recommend Paul Bains enough. Not only does he possess extensive legal knowledge, but he will always go that extra mile to ensure his services exceed my expectations. Truly goes above and beyond. He is very professional, yet very personable. I've recommended his services to my family and friends, and will continue to do so. Thank you Paul...
Mr. Bains always provides us with clarity, thoroughness and has vast legal knowledge. His sense of humor helps to ease being in a law office, and makes you feel comfortable. Have used Sacramento Bankruptcy Lawyer on a few occasions and have used Mr. Bains for past few years for different cases for clients. He is very compassionate and takes his time...
I have referred individuals over to Paul over the years and he has handled them all with first class service. He has a wealth of knowledge that he is able to apply to the variety of scenarios I send him. He has been a great resource for me and I definitely plan on using his services in the future.
Paul is extremely knowledgeable about bankruptcy laws and very well respected in the legal community in Northern California. He has helped many clients with Chapter 7, Chapter 11 and Chapter 13 bankruptcy issues. He cares deeply about his client’s needs and goals and will stop at nothing to ensure that those needs are met. He would be the first...
My wife and I took a chance back in 2015 in hiring Paul as our Attorney through another Law Firm. We were searching the internet for a local Bankruptcy Attorney in the area. We did as much homework as possible related to our internet search. Also, did a little reading regarding the Bankruptcy process. However, time was not on our side. Our house...
I had Paul as my Bankruptcy attorney and was great he knew how to make it all work so that I wouldn't have any issues. He is very knowledgeable and truly cares. I would definitely refer him to anyone looking into going through the bankruptcy process since he made it so easy.
Paul Bains was a great attorney. He explained everything to me from beginning to end and discussed all my options before we started the case. I recommend anyone to Paul if they want a good experience!!
I highly recommend Paul Bains to anyone who's considering Bankruptcy. He's very knowledgeable of Bankruptcy laws and he made it very comfortable for me during this time. He kept me inform every step of the way via e-mail and phone calls. I was very nervous when I was in court, he calmed me down with his encouraging words and explained exactly the...
You do not have to look any further for legal help! I have done business with Paul for several years now. He will walk you through the entire process and respond to any questions you have right away. Paul will make you feel comfortable about any situation you are in and relieve any stress you have because he will get it done. He is affordable,...
Paul Bains is a tenacious and knowledgeable lawyer. He has extensive experience with bankruptcy laws and knows how to navigate through the laws to achieve the best results for his clients. I have referred clients to the Sacramento Bankruptcy Lawyer team and I highly recommend them to anyone who needs a great lawyer.
Awesome consultation from Mr. Bains...thoroughly answered all the legal questions I had for him. Highly recommend Sacramento Bankruptcy Lawyer.
Paul is great! From first time we met until we finished everything up, it was first-rate all the way. He says what he's going to do and he does it. I would recommend Paul without hesitation.
Mr. Bains possesses the legal knowledge, skills, communication and experience needed to effectively and efficiently serve his clients. I have referred several clients to Mr. Bains, each of whom have been satisfied with his ability to achieve their individual needs, but also his ability to listen and communicate (two aspects that are often lacking...
Paul's one of the most professional and easy to work with lawyers I've met. He is down to earth and a straight shooter. If anyone is in need of bankruptcy help, I send the person to Paul Bains.
Excellent at his craft. Takes care of business in a timely manner. Couldn't have asked for a better lawyer to represent me.
Mr. Bains is very professional. He explained all options and scenarios. Very informed about different aspects of Law.
Mr. Bains has been an extraordinary attorney. My husband and I are very grateful to have him represent us. Mr. Bains has allowed us to handle this stressful situation with dignity and recover from our financial crisis. Mr. Bains has handled our case with clear and constant communication, professionalism, helpfulness, and has been very personable.
Paul Bains RESPONDS to phone calls, emails and text. You are NOT just another number, or client in the data base - he is personal, caring, and gives attention to detail. Since I had to go through this, I am most certainly glad that I had Paul in my corner. I will always say that he is THE BEST at what he does, thanks Paul.
Paul was very understanding of my financial situation. He helped calm my nerves during the hearing as I suffer from anxiety. Thank you so much for all you've done!!! I definitely will refer anyone requiring your assistance in the future.
My wife and I owed over $1,000,000.00 to various creditors. Mr. Bains was the best! He worked around our crazy schedule and was always available to answer any questions we had. Mr. Bains was unlike other attorneys who I’ve dealt with in the past who are just after the money. I’ve referred other people to him and will continue to do so!!!
We were about to lose our home. My wife and I were extremely stressed and did know what to do. After speaking with Paul, we both felt a sense of relief that we hadn’t in months. He explained to us the process of Chapter 13 and was very patient in doing so. Paul saved our home and we are forever thankful for all his efforts!