Best Bankruptcy Lawyers in Victorville, CA

Victorville, CA Bankruptcy FAQs

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

  You may file your bankruptcy petition with the United States Bankruptcy Court for the Central District of California, with offices located in Los Angeles, Santa Ana, and Riverside. For Victorville residents, the filing location is at 3420 Twelfth Street, Riverside 92501.

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

  You can visit the United States Bankruptcy Court website for the Central District of California at https://www.cacb.uscourts.gov/forms-overview to access and download bankruptcy forms.

• How do you choose which type of bankruptcy to file in Victorville?

  Deciding what type of bankruptcy to file for in Victorville will depend largely on your financial circumstances and debt resolution preferences. Chapter 7 bankruptcy enables you to discharge qualifying debts. On the other hand, opting for Chapter 13 bankruptcy allows you to retain your assets while creating a repayment plan to settle all your debts over a period of several years. It is advisable to seek guidance from an experienced attorney to determine your legal options.

• Can you discharge all types of debts through bankruptcy in Victorville?

  No. In Victorville, not all debts can be eliminated through bankruptcy. Non-dischargeable debts include child and spousal support, most student loans, most tax debts, owed employee wages, drunk driving damages, and debts to government agencies for fines or penalties. These debts cannot be forgiven or eliminated through the bankruptcy process and must be addressed separately.

• Can you convert a Chapter 13 bankruptcy to Chapter 7 in Victorville?

  In Victorville, if you can no longer afford your Chapter 13 bankruptcy payments, you may convert to Chapter 7. As long as you have not received a Chapter 7 discharge in the past eight years, you can switch by filing a Notice of Conversion and paying a conversion fee. However, it is important to note that you must still meet Chapter 7 eligibility criteria to complete the process and receive a discharge.

• How does Chapter 13 bankruptcy work in Victorville?

  In Victorville, Chapter 13 bankruptcy — also known as a wage earner's plan — allows individuals with a steady income to create a repayment strategy for their debts. Payments are made to creditors over three to five years, depending on the debtor's monthly income compared to the state median. This plan can last for three years for lower incomes, and up to five years for higher incomes. During the repayment period, creditors are prohibited from pursuing collection efforts.

• How do you qualify for Chapter 7 bankruptcy in Victorville?

  To qualify for Chapter 7 bankruptcy in Victorville, you must pass the means test, meaning your income must be below the state median. However, even if your income exceeds the limit, you may still qualify based on your disposable income. The means test evaluates your income and deducts necessary expenses like housing costs, utilities, medical expenses, child care, taxes, insurance, and other reasonable expenses. If you have no disposable income left, you are eligible to file for Chapter 7.