Best Bankruptcy Attorneys in Upland

FAQs

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

  To file for bankruptcy in Upland, visit the United States Bankruptcy Court for the District of Southern California at 325 West F Street San Diego, California 92101.

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

  Bankruptcy forms in Upland are available from the Clerk's Office in the U.S. Courthouse for the District of Southern California. To access these forms, visit: https://www.casb.uscourts.gov/forms/all

• What is the limitation for involuntary bankruptcy in Upland?

  According to the 13th Amendment of the United States Constitution, involuntary bankruptcy in Upland can only be filed under Chapters 13 and 7. This can only be filed against an individual who has an undisputed claim for at least $10,000 more than the value of the property lien. To file an involuntary bankruptcy petition, the Upland court must determine whether the creditors have proven that the debtor has not paid his debts.

• How can bankruptcy affect tax debt in Upland?

  When a person in Upland declares bankruptcy, the collection of their tax debts, such as seizures, liens, and wage garnishments, ceases. Tax obligations, alimony, and child support are paid first because they are deemed priority obligations. Bankruptcy filers must, however, continue to file their personal income and estate fiduciary tax returns. The Upland court, on the other hand, appoints a trustee to file the required tax returns for businesses.

• Who is eligible to apply for a Chapter 13 bankruptcy case in Upland?

  Married couples and individuals in Upland can file for Chapter 13 bankruptcy if they are within the debt limit. As of April 2022, Chapter 13 bankruptcy filers must have $1,395,875 for non-contingent and liquidated secured debts, such as mechanic's liens, car loans, and UCC statements. On the other hand, debtors in Upland should be within the limit of $465,275 for unsecured debts, like utility bills, tax debts, and credit card payments. These debt limits adjust every three years based on the Consumer Price Index.

• How long does it take to rebuild a credit score after bankruptcy discharge in Upland?

  It takes one to two years in Upland to rebuild a credit score after a Chapter 7 bankruptcy discharge. Although the debtors' bankruptcy case will remain on their credit report for 10 years, they can still reduce their debt-to-income ratio. Debtors in Upland with a previously discharged Chapter 13 bankruptcy, on the other hand, must wait 18 months to rebuild their credit score.

• When is the right time to file for bankruptcy in Upland?

  The best time to file for bankruptcy in Upland is when a person is facing car repossession, wage garnishment, or foreclosure. If a person receives harassing phone calls from creditors and their small business begins to fail, they may decide to file for bankruptcy. Individuals in Upland who are unable to pay their medical bills that are not covered by insurance companies may file for bankruptcy.

• 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.