Bankruptcy Lawyer in Port Hueneme, CA
No one plans to go bankrupt. However, life can take unexpected turns that can lead to overwhelming debt. If you're in this situation, it's important to remember that you're not alone. I'm Eric Ridley from The Law Office of Eric Ridley in California, and I'm here to help you navigate the complexities of bankruptcy. In this blog post, I'll explain what bankruptcy is, the differences between Chapter 7 and Chapter 13 bankruptcy, and how they can help you start afresh financially.
Bankruptcy is a legal process that offers a financial lifeline to individuals struggling with insurmountable debt. When you're sinking under the weight of loans, credit card bills, or medical expenses, bankruptcy can provide a fresh start. It allows you to discharge or restructure your debts, so you can regain control over your financial life. And while it may sound daunting, it's not as scary as you might think, especially when you have the right guide by your side.
Chapter 7 Bankruptcy
Commonly known as 'liquidation bankruptcy', is often a preferred option for those with more unsecured debts, such as credit card bills or medical expenses. This type of bankruptcy enables individuals to wipe the slate clean and start fresh, freeing them from the burden of unmanageable debt.
In a Chapter 7 bankruptcy, your non-exempt assets - properties not protected by bankruptcy exemptions - are sold off or 'liquidated' by a court-appointed trustee. The proceeds from the sale are then distributed among your creditors. These can include lenders of unsecured loans, medical bills, and credit card companies, among others. However, not everyone is eligible for Chapter 7 bankruptcy. To qualify, you need to pass the 'means test', which considers your income, expenses, and the size of your family. If your income is lower than the median income for a household of your size in your state, you pass the test and can file for Chapter 7 bankruptcy.
Chapter 13 Bankruptcy
Often referred to as the 'wage earner's plan', is designed for individuals with regular income who are able to pay back a portion of their debts through a structured repayment plan. This type of bankruptcy allows you to keep your valuable assets, such as your home or car, as you pay off your debts.
Under Chapter 13 bankruptcy, a three to five-year repayment plan is designed based on your income, expenses, and types of debt. This plan, confirmed by the court, allows you to repay your creditors over time. After successful completion of the repayment plan, remaining unsecured debts can be discharged or wiped out. Qualifying for Chapter 13 bankruptcy also requires meeting certain criteria. Your unsecured debts must be below a specific limit, and the same applies to your secured debts. Furthermore, you must prove that you're able to meet your repayment obligations with your current income.
Is Bankruptcy Right for You?
Determining whether bankruptcy is the best solution for you can be challenging. You need to consider factors like your current income, the amount of debt you owe, and your long-term financial goals. But don't worry, you don't have to do this alone. I'm here to help you evaluate your circumstances and make the most informed decision.
Reach Out for Guidance at The Law Office of Eric Ridley
If the weight of debt is crushing you and you're seeking a way out, remember that you're not alone. I'm here to help you understand your options, guide you through the process, and help you start anew. It's never too late to regain control of your financial life, and bankruptcy may be the fresh start you need. Contact me at The Law Office of Eric Ridley today at (805) 307-7713 for a free initial strategy session. I'll help you understand the bankruptcy process, answer all your questions, and offer the support you need.