Best Bankruptcy Attorneys in Inglewood

FAQs

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

  The nearest court in Inglewood is the California Central Bankruptcy Court, which is located at Edward R. Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012-3332.

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

  You may refer to the official website of the United States Bankruptcy Court for the Central District of California to obtain bankruptcy forms to proceed with your case in Inglewood. You can access the website at: https://www.cacb.uscourts.gov/forms-overview

• Are there any exceptions to the automatic stay in a bankruptcy case in Inglewood?

  Yes. When filing for Chapter 7 bankruptcy in Inglewood, there are times when the automatic stay will not impede ongoing collection operations or other matters. For instance, an exemption allows a former spouse to continue collecting support payments from your post-bankruptcy wages. Be aware of these exemptions and consult a bankruptcy lawyer to understand how they may apply to your situation.

• When do you need a bankruptcy lawyer in Inglewood?

  If you use payday loans, have over 10 credit cards, possess credit card debt over $5,000, or are considering debt consolidation, you may need a bankruptcy lawyer in Inglewood. Other situations requiring legal intervention include wage garnishment and vehicle repossession, lack of medical insurance after hospitalization, and falling behind on mortgage payments on your property.

• What is the typical cost of filing for Chapter 7 bankruptcy in Inglewood?

  Chapter 7 bankruptcy filing in Inglewood can cost between $800 and $1,500 for bankruptcy services and a $335 filing fee to the court. Two $20 credit counseling classes must be taken as part of the filing procedure. Additionally, you should consult a bankruptcy lawyer for an accurate estimate of costs depending on your unique situation.

• What are the benefits of an automatic stay in Inglewood bankruptcy cases?

  An automatic stay protects your assets in an Inglewood bankruptcy case by stopping judgments, liens, and other actions. In addition, it helps in recovering, assessing, or collecting a pre-petition claim. This stay also requires that creditors immediately cease all wage garnishments, civil legal actions, and collection efforts against you.

• What are the reasons for creditors and trustees in Inglewood to file objections to Chapter 13 repayment plans?

  Trustees and creditors in Inglewood may object to Chapter 13 repayment plans for various reasons, such as doubts about its viability, mistakes in the plan, or violations of their rights as creditors. Additionally, objections may be raised if the arrangement favors certain creditors over others or discriminates against creditors with dischargeable debt. The goal is to guarantee that creditors are treated fairly and that the plan complies with bankruptcy regulations.

• 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.