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Bankruptcy Attorney Orange County, Bankruptcy Lawyer Orange County, |
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Should You File Chapter 7 or Chapter 13 Bankruptcy? The decision whether to file under Chapters 7 or 13 is yours. As a general rule, however, if the Bankruptcy Court is not likely to discharge at least 50% - 60% of your debts, then you may want to consider filing Chapter 13, which will allow you to reschedule your debt payments to make it easier to pay them off. An Orange County Bankruptcy Attorney would tell you that typically, you can have from 3 - 5 years to pay off most, if not all, of your debts under a Chapter 13 plan. One of the great advantages of Chapter 13 is that you can often reduce or even eliminate interest. This is particularly advantageous with credit cards because the interest rates are very burdensome, some over 30%. Bankruptcy and Your Credit Rating - Everyone wants to know whether filing bankruptcy will forever ruin their credit. The answer tha expert Orange County bankruptcy attorneys answer is a resounding NO! First, a bankruptcy will appear on your credit report for up to ten (10) years. After that, it must be removed. So if you pay your bills in a timely manner after filing of bankruptcy, you may actually have a relatively decent credit rating; much quicker than most people realize.
CREDITORS
Also, if you’ve been sued or are facing a collection agency trying to collect a judgment, again your credit has already been severely harmed. Keep in mind, however, that just because you’ve been sued or are your bills are past due, such problems may not be reason enough to file bankruptcy; there are many more factors to consider than just those. But on the whole, if you’re in over your head and are facing foreclosure, eviction, repossession of a necessary vehicle, or shut off of utilities, or simply don't bring enough money home to pay your monthly bills, then you may want to consider talking to one of our Orange County bankruptcy attorneys about filing bankruptcy.
BANKRUPTCY PETITION
Bankruptcy courts are just like other courts in that they abide by rules of evidence. In that regard, if a creditor presents evidence that you’ve engaged in fraud prior to or during the filing process, and you fail to respond with adequate evidence that expert Orange County bankruptcy attorneys would know to look for in your defense, your petition may be dismissed altogether. If such a challenge arises, you must obtain legal counsel from one of the licensed Orange County bankruptcy lawyers that understand how the bankruptcy court operates, who can advise you of your legal rights, and who can advocate your side of the issues. Please refer to Home Page and click on "What Will Bankruptcy Cost?", where a description of typical creditor challenges and the costs associated with them, may be found.
ORANGE COUNTYS BEST BANKRUPTCY ATTORNEYS
Many properties are so "upside down" (have no equity) that few investors have shown an interest in offering the minimum bid, which is usually the amount needed to pay of the mortgage lender. Once a bankruptcy has been filed, it typically takes about a week to 10 days for the lender to receive notice. Our office, the best Orange County bankruptcy attorneys, however, gives special notice to the lender and the property trustee to assure that a pending sale is blocked until the court removes the house from bankruptcy protection, which takes a little over a month to achieve. Effect on Loan Modifications - Many debtors are attempting to modify their loans with the hope of reducing their loan principals to a point where they can afford the payments. BEWARE OF THE MANY SCAM ARTISTS MASQUERADING AS "LOAN MOD SERVICE FIRMS". While there may be some legitimate ones, we haven't seen many. Rule of Thumb: if you're asked for money in advance, walk away. The loan modification process is relatively simple, and the need for an attorney is uncommon. Though our office does not provide loan modification services, Dale Hardeman will provide you with expert guidance free of charge.
EXPERT BANKRUPTCY ATTORNEYS
Bankruptcy is a rather complicated and often frustrating experience. We have, however, made it as painless as possible by providing as much information about the process as practicable.
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