Best Bankruptcy Attorneys in Hawthorne

FAQs

• Where do I file for bankruptcy in Hawthorne, California?

  If you want to file for bankruptcy in Hawthorne, you would need to visit the U.S. Bankruptcy Court for the Central District of California. The specific location for filing in this district is the Los Angeles Division, which serves the awthorne area. The courthouse is located at Edward R. Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012-3332. For more information, visit the websites https://www.cacb.uscourts.gov/ and https://www.cacb.uscourts.gov/court-locations/los-angeles.

• Where can I get bankruptcy forms in Hawthorne, California?

  You can access the different types of bankruptcy forms in Hawthorne through the official website of the U.S. Bankruptcy Court for the Central District of California (https://www.cacb.uscourts.gov/forms-overview)

• What is the duration for a bankruptcy record to remain on your credit report in Hawthorne?

  In Hawthorne, a bankruptcy history can stay on your credit report for up to ten years. Credit bureaus often keep track of Chapter 7 and Chapter 13 bankruptcies throughout this time, as well as collection activity, late payments, and legal actions. It's important to keep in mind that, despite having a bankruptcy on your record, you can still attempt to repair your credit.

• Can you keep your life insurance policies and retirement accounts after filing for bankruptcy in Hawthorne?

  Yes, even after declaring bankruptcy in Hawthorne, you are usually able to retain your life insurance policies and retirement accounts with cash value. These assets are typically protected from creditors during the bankruptcy process. To obtain the most accurate and up-to-date information regarding the protection of your life insurance policies and retirement accounts, you can consult with a local bankruptcy attorney to help you throughout the proceedings.

• How can you stop foreclosure in Hawthorne?

  You can stop a foreclosure in Hawthorne by filing for either Chapter 13 or Chapter 7 bankruptcy. An automatic stay is issued when you file for bankruptcy, which binds creditors to stop all collection efforts, including foreclosure. The stay gives you a temporary break from foreclosure proceedings so you can assess your financial status and explore your choices. The stay delays the foreclosure sale by around three to four months.

• Are there any exemptions for an automatic stay in Hawthorne?

  Yes, there are exemptions to the automatic stay in Hawthorne. By submitting a motion to lift the stay, the lender can request authorization from the bankruptcy court to hold the foreclosure sale. In such cases, the full three to four months of the automatic stay may not be granted. But even if the request is granted, the bankruptcy procedure would often still delay the sale for at least two months.

• What are the most common debts discharged by filing a bankruptcy case in Hawthorne?

  When filing for a bankruptcy case in Hawthorne, several common debts can be discharged, including unpaid medical expenses, credit cards, unpaid payday loans, past due federal income taxes, and court orders filed against you. Other dischargeable debts involve unpaid phone, cable, and utility bills as well as outstanding balances from repossessions, foreclosures, and broken leases.

• What does a bankruptcy attorney do?

  Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

• What happens when you file bankruptcy?

  Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

  Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

• Can you file bankruptcy on student loans?

  Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

• What is bankruptcy fraud?

  Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

  • Hiding assets by transferring them to another person or entity
  • Intentionally omitting assets when reporting to the court
  • Destroying or withholding required documents
  • Knowingly making false statements to bankruptcy trustees or creditors

• How long is bankruptcy on public record?

  How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

• Does bankruptcy clear tax debt?

  Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

  • Federal income tax debt related to current properly filed tax returns
  • Honestly incurred with no fraud or evasion
  • At least three years old
  • Assessed at least 240 days before bankruptcy filings

  Existing liens are not eliminated with bankruptcy.

  
  

• Can they take my car in Chapter 7 bankruptcy?

  In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

• How bad is it to file bankruptcy twice?

  Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

  Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

• Can anyone file bankruptcy?

  Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

• How will bankruptcy affect my credit score?

  Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

• What are the benefits of filing for bankruptcy?

  Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

• What's the difference between debt settlement and bankruptcy?

  Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.