Law Offices of Andrew H. Griffin III Law Offices of Andrew H. Griffin III
Chapter 7

El Cajon Chapter 7 Bankruptcy Lawyer

Helping Clients Throughout San Diego County

When you're drowning in debt, it can be difficult to see a way out. You may be debt-burdened and facing foreclosure, repossession, or constant creditor harassment. In these situations, it may be time to consider filing for Chapter 7 bankruptcy.

If you're considering filing for Chapter 7, it's important to have a skilled bankruptcy attorney on your side. Law Offices of Andrew H. Griffin III can provide the guidance you need to move forward with this life-changing decision.

Call (619) 853-3009 or contact Law Offices of Andrew H. Griffin III online to request aconsultation with our El Cajon chapter 7 bankruptcy lawyer.

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is also known as liquidation bankruptcy. It involves the discharge of most unsecured debts.

In other words, a Chapter 7 bankruptcy can help you get rid of most unsecured debts, including:

  • Credit card debt
  • Medical bills
  • Personal loans
  • Utility bills
  • And other debts that do not have any collateral

A Chapter 7 bankruptcy can also help you avoid foreclosure, repossession, and creditor harassment. It can help you start fresh by eliminating debt and giving you a clean slate.

Chapter 7 Bankruptcy Eligibility

Chapter 7 bankruptcy is not for everyone. In fact, not everyone is eligible for Chapter 7. In order to qualify for Chapter 7 bankruptcy, you must pass the means test. You must also have little to no property that can be liquidated to repay your creditors.

The Means Test

The means test determines whether you have enough disposable income to repay your debts. If you pass the means test, you will be eligible to file for Chapter 7. If you fail the means test, you may be able to file for Chapter 13 instead.

Property That Cannot Be Liquidated

In order to qualify for Chapter 7, you must have little to no property that can be liquidated to repay your creditors. This means you must have little to no equity in your home, car, or other property.

What Happens During a Chapter 7 Bankruptcy?

During a Chapter 7 bankruptcy, your debts will be discharged. This means you will no longer be responsible for repaying these debts. You will also be able to keep property that would otherwise be liquidated in a Chapter 11 bankruptcy. When you file for Chapter 7, you will need to provide information about your income and expenses.

Once you file for Chapter 7, the court will appoint a trustee to handle your bankruptcy case. The trustee will be responsible for gathering your assets, selling your property, and paying your creditors. Once the trustee has completed these tasks, the court will discharge your remaining debts.

After you file for Chapter 7, you will not be able to access your bank accounts or other assets until the trustee takes control. If you have any concerns about the trustee taking your property, you should speak with an El Cajon Chapter 7 bankruptcy lawyer at Law Offices of Andrew H. Griffin III.

Don't hesitate to contact Law Offices of Andrew H. Griffin III at (619) 853-3009 to learn more about Chapter 7 bankruptcy and whether it might be right for you.

Chapter 7 vs Chapter 13 Bankruptcy

Chapter 7 and Chapter 13 are two distinct chapters of the U.S. Bankruptcy Code offering different approaches to debt relief. Chapter 7, known as "liquidation bankruptcy," involves the sale of non-exempt assets to discharge most unsecured debts, providing a quicker and more straightforward process. It is typically suitable for individuals with low income and minimal assets. In contrast, Chapter 13, or "reorganization bankruptcy," creates a repayment plan over three to five years, allowing individuals to retain their assets and catch up on missed payments, especially for secured debts like mortgages. Chapter 13 is more suitable for those with a regular income who can commit to a structured repayment plan. The choice between Chapter 7 and Chapter 13 depends on factors such as income, assets, and the nature of the debts, and seeking professional advice is crucial to determining the most appropriate option for individual financial circumstances.

Contact the Law Offices of Andrew H. Griffin Today

If you are considering Chapter 7 bankruptcy in El Cajon, the Law Offices of Andrew H. Griffin is ready to assist you. Take the first step towards financial freedom by scheduling aconsultation with our experienced Chapter 7 attorney.

Andrew H. Griffin and his team are dedicated to helping individuals regain control of their finances through strategic and compassionate legal representation. Contact us today to explore your options and embark on the path to a debt-free future.

Contact Law Offices of Andrew H. Griffin III at (619) 853-3009 for a Chapter 7 bankruptcy lawyer near you.

Chapter 7 FAQ

What Debts Can be Discharged in Chapter 7?

Chapter 7 typically discharges unsecured debts such as credit card balances, medical bills, and personal loans. However, certain debts like child support, alimony, student loans, and recent taxes may not be dischargeable.

Will I Lose All My Assets in Chapter 7?

Not necessarily. Chapter 7 allows individuals to claim exemptions for certain types of property, protecting them from being sold to pay creditors. Many people are able to keep essential assets such as their home, car, and personal belongings.

How Does the Chapter 7 Process Work?

The process begins with filing a petition with the bankruptcy court, along with detailed financial information. A trustee is appointed to review your assets, and non-exempt property is liquidated. The proceeds go toward repaying creditors. Once the process is complete, eligible debts are discharged.

How Long Does Chapter 7 Bankruptcy Take?

Chapter 7 bankruptcy is typically a faster process compared to other bankruptcy chapters. From filing to debt discharge, the entire process usually takes around three to six months.

Can Chapter 7 Stop Creditor Harassment and Collection Actions?

Yes, filing for Chapter 7 triggers an automatic stay, which halts most collection actions, including creditor harassment, lawsuits, wage garnishments, and foreclosure proceedings.

Will Chapter 7 Affect My Credit Score?

Yes, Chapter 7 bankruptcy will impact your credit score. However, it provides an opportunity for a fresh start, and individuals often see improvements in their credit over time as they rebuild their financial stability.

Can I File Chapter 7 Bankruptcy Again?

Individuals can file Chapter 7 bankruptcy again, but there are limitations on how often. Generally, there is an eight-year waiting period between Chapter 7 filings.

Should I Hire a Bankruptcy Attorney for Chapter 7?

While it's possible to file for Chapter 7 without an attorney, seeking professional legal guidance is highly recommended. A bankruptcy attorney can help navigate complex laws, ensure accurate paperwork, and provide valuable advice throughout the process.

Are All Debts Discharged in Chapter 7?

Not all debts are dischargeable in Chapter 7. Certain debts, such as secured debts (mortgages, car loans), student loans, and recent taxes, may survive the bankruptcy process.

Can I Keep My Home in Chapter 7?

In many cases, individuals can keep their homes by claiming exemptions. However, the ability to keep a home depends on various factors, including the amount of equity and state-specific laws.

Will Chapter 7 Wipe Out All My Debts?

While Chapter 7 provides significant debt relief, certain obligations, such as child support, alimony, and certain taxes, may not be discharged.

How Do I Begin the Chapter 7 Bankruptcy Process?

To initiate the Chapter 7 bankruptcy process, consult with a qualified bankruptcy attorney. They will guide you through the necessary steps, including filing the petition and providing the required financial documentation.

Is Chapter 7 the Right Option for Me?

Determining if Chapter 7 is the right option depends on your specific financial situation. Consult with a bankruptcy attorney to assess your circumstances and explore the best course of action for your needs.

Seeking legal advice is crucial for making informed decisions about Chapter 7 bankruptcy. The information provided here is for general guidance and should not be considered legal advice. Consult with a bankruptcy attorney for personalized information related to your case.

Serving San Diego Since 1983
Call our firm at (619) 853-3009 to schedule a consultation today.
We care about your case and we will strive to obtain the best possible result for you.
Our Clients Come First

I realized from the moment I met Mr. Griffin I was dealing with a professional and that if he couldn't help, then nobody could.

- D.M.

Andrew went above and beyond to answer my questions and help me over numerous days.

- M.W.
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