If you face overwhelming debt and see no way to repay your creditors, you may be considering personal bankruptcy as a way to get a fresh start. You want an experienced bankruptcy lawyer, one who can help you quickly determine whether you qualify under the new bankruptcy laws to file for protection under Chapter 7.
At the office of Thomas F. Miles, Attorney and Counselor at Law, in El Cajon, we have over 37 years of experience protecting the legal rights of individuals throughout San Diego County and the surrounding communities. We built our successful practice on a commitment to personal service and attention. We work hard to establish trusting and positive relationships with our clients, taking an honest and ethical approach to creatively resolving your problems. For a free initial consultation, contact our office via email or call us at 619-631-4833 or 866-471-0416.
What Chapter 7 Bankruptcy Can Do For You
In a Chapter 7 bankruptcy filing, your dischargeable debts are wiped out, and you get a "fresh start." This differs from a Chapter 13 bankruptcy filing where the concentration is on reorganization of your debts. A Chapter 7 bankruptcy proceeding is initiated by the filing of what usually is a 40-50 page set of documents called the Petition Schedules Statement of Financial Affairs. The court gives you a case number, judge and an Affairs Trustee. The trustee will oversee the administration of your case. You will be given a hearing date and time, which will be approximately 30-40 days from the filing date. Most importantly, the court issues the "Automatic Stay." This is your protection during the case. Your assets are examined to determine if they are exceeding what is considered fair under California exemption laws. Additionally, upon the filing of your petition for protection under Chapter 7, your creditors are prohibited from contacting you in any way or otherwise attempting to collect on the debt.
Under the new bankruptcy laws, enacted in 2005, you must now qualify for a Chapter 7 filing by submitting to a "means test." At the office of Thomas F. Miles, Attorney and Counselor at Law, we will prepare the means test to determine whether you can file under Chapter 7. This will involve examining your debts and your income for the last six months to determine whether you can realistically repay your creditors over a three- to five-year period.
Paying Close Attention To Every Detail
If we determine that you should file under Chapter 7, we will prepare and file all the necessary documents to initiate the bankruptcy proceeding. We will help you prepare for the means test, which will be submitted to the bankruptcy court. We will act as your advocate in all hearings and proceedings with the court and prepare and file any documents requested or required by the court.
Once your Chapter 7 case has been filed, we will work closely with you to make certain that all eligible debts are included in your bankruptcy filing and that all exempt assets are protected.
Personalized Attention From A Bankruptcy Attorney In San Diego County
To set up a free initial consultation, contact us via email or call us at 619-631-4833 or 866-471-0416. We are open from 9 a.m. until 5 p.m., Monday through Friday, and evenings and weekends by appointment. Our office is located in El Cajon, just one block west of the courthouse and civic center. We can meet with you in your home, if necessary.
We are a Federally Designated Debt Relief Agency.