With over 12 years of experience and thousands of cases as a consumer bankruptcy attorney, Chris Bush is on the cutting edge of Bankruptcy and Student Loan Law. Chris can assist you in untangling the options to find the best solution for your specific debt relief case.
Attorney Chris Bush advises clients on their debt relief options. Contact him for answers to your specific questions about Chapter 7 bankruptcy or Chapter 13 debt reorganization, or call to request a free consultation: (619)295-3322.
Bankruptcy is an option when you owe more money than you can be expected to pay in the near future. We have come a long way since the time of debtor's prison when your creditors could have you jailed until you paid a bill. Today, the law allows an honest debtor to have a court "discharge" or cancel most or all of his or her debts in order to make a fresh start. This form of bankruptcy is sometimes called "straight" bankruptcy, or Chapter 7 bankruptcy.
You can use bankruptcy to discharge your debts no matter how you got into debt as long as you were honest. Perhaps you or your spouse lost a job and have not been able to pay your rent or make your car payments for several months. Or perhaps you have been unable to make your credit card payments due to a divorce, or you have medical bills as a result of an illness or injury.
Chapter 7 bankruptcy usually means that most, and sometimes all, of your debts will be canceled. Except for debts that you must pay. Going through bankruptcy generally stops your creditors from "garnishing" or taking your wages. This means your employer cannot be forced to give part of your salary to your creditors to help pay off your discharged debts.
Bankruptcy, however, will not solve all of your money problems. If you are out of work, bankruptcy can cancel your old debts, yet you still must find a way to pay new bills and ongoing expenses.
Most of your possessions will be exempt under the law, which means they cannot be sold to pay your creditors. We will help you make a list of your exemptions. If the Trustee or your creditors object to any items on the list, the court will hold a hearing.
Yes. A co-signer is a person who made a legal agreement to pay off your debt if you fail to do so. And, he or she is responsible for the debt even if you file Chapter 7 bankruptcy. Your creditors cannot ask your co-signer to pay off a loan if you have a Chapter 13 plan.
Bankruptcy filings can address many of your debts, including credit card bills, medical bills and loan payments. But the law says that some debts cannot be discharged even if your creditors do not object to having them canceled.
Debts that are rarely discharged:
After your bankruptcy papers are filed, you can stop paying your creditors even though your debts will not be discharged for about four months. However, if any creditor objects to have a debt canceled, it may take longer.
Approximately 30 days after your bankruptcy papers are filed, a "meeting of creditors" is held. Creditors do not have to attend because they are represented by the Trustee. You must be present and testify under oath. The Trustee and any creditors who attend the meeting can ask questions about your assets. You must be honest. Your discharge may be denied if:
Once the judge has decided any disputes between you and your creditors, your debts will be discharged within 90 days.
You will have to file a bankruptcy petition with court fees with the nearest United States Bankruptcy Court.
Additionally, you must provide substantial information on the bankruptcy petition. For instance, you will need to provide information concerning your income, bank accounts, tax returns, real estate, personal property and much more. You will be required to provide tax returns, bank statements, pay stubs and other financial records.
Yes, as long as your debts were not previously discharged in a Chapter 7 less than eight years ago.
As soon as you file the proper bankruptcy documents in court, you can stop making payments on your old bills, except for alimony and child support. This is allowed even though your debts may not be canceled officially for several months, although this may not apply to most secured debts.
The law says your creditors are not allowed to garnish your wages, repossess collateral or sue you without court permission. They cannot bother you with letters or telephone calls asking for payment. If your creditors do not believe that you have filed bankruptcy, ask them to call your lawyer or check with the bankruptcy court.
You might have a long illness or lose your job. You can switch from a Chapter 13 debt reorganization plan to a Chapter 7 bankruptcy filing. When you file straight bankruptcy, the court may cancel some or all of your remaining debts.
An alternative to a Chapter 7 bankruptcy is a Debt Reorganization Plan or Chapter 13. These plans allow you to pay off part or all of your debts over a period of time under court supervision. These plans can be completed anywhere between three and five years.
You can use a Chapter 13 plan if you have steady income. This means you can be a wage earner, the owner of a small business or someone who receives a pension, Social Security or welfare benefits.
Once you file under Chapter 13, all court actions stop and cannot proceed without bankruptcy court approval. Creditors also are not allowed to write or telephone you demanding payment.
Have more questions about whether bankruptcy is right for you? Contact San Diego bankruptcy attorney Chis Bush at (619)295-3322 to schedule a free initial consultation.
Free initial consultation * Available 24 hours a day * Evening and weekend appointments possible
San Diego bankruptcy litigation attorney Chris Bush uses his knowledge and litigation skills in matters involving tax debts, child and spousal support enforcement actions and consumer bankruptcy. He appear on behalf of clients throughout San Diego and Imperial Counties, advocating for clients in cases involving:
Attorney Bush advocates for individuals and families consumed by debt after dealing with catastrophic medical bills, job loss, and other factors. Contact him today to discover whether you qualify for debt relief through Chapter 7 or Chapter 13 bankruptcy.
During a free initial consultation, attorney Bush will address your pressing financial concerns and advise you on the new bankruptcy law myths.
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Attorney Chris Bush is committed to helping clients avoid car repossessions through filing Chapter 7 or Chapter 13 bankruptcy. He advocates for clients to keep their vehicles with a bankruptcy automatic stay. This helps protect clients from creditors and creates repayment options based on their financial situation.
San Diego attorney Chris Bush keeps himself educated with recent Bankruptcy Law trends and changes as well as any recent Court Decisions that can impact his clients. He understands the current bankruptcy laws and can help you discover what debt relief option is best for you.
Contact a San Diego bankruptcy lawyer to schedule an initial consultation. You still have the right to a fresh start. Attorney Bush will work hard to protect that right. Call us toll free at (619)295-3322.
Although federal or state tax debt can present special difficulties for bankruptcies, attorney Chris Bush can help clients understand their specific options. Some tax debts cannot be discharged, and some or all of the debt will need to be paid after the bankruptcy has concluded.
If federal or California tax debt worries are weighing on you, your family or your business, contact Chris Bush to learn about your options. He can devise a strategy to help you achieve the highest level of tax relief possible.
During your attorney consultation, please bring any letters you have received regarding your tax debt as well as your own tax records. You will find out what options are available to reduce or eliminate your tax problems. Attorney Chris Bush, will work hard to obtain a fresh start for you. Contact him today to schedule an initial consultation. Call (619)295-3322.
Free initial consultation * Available 24 hours a day * Evening and weekend appointments available
Short sales may seem like a promising option for homeowners who want to avoid foreclosure. A bank may even agree to sell the property at a loss. However, while the bank and realtor receive some benefits — they do not have to pay large foreclosure fees — the short sale process rarely benefits homeowners. It only accelerates the time the homeowner has to move out.
San Diego foreclosure lawyer Chris Bush works closely with clients to stop foreclosures and provide relief from other real estate debt challenges.
Clients who are facing foreclosure are frequently victims of unforeseen circumstances. They may have suffered a serious illness and been unable to work. The house may have required essential and expensive repairs. They may have been victimized by predatory lenders. They may have borrowed money against a home that is now worth less than they owe. San Diego foreclosure attorney Chris Bush can help stop foreclosure proceedings and give clients a chance to address their financial problems.
Divorce and Domestic Support Obligations are determined under state law. Typically, where there is a state support or divorce court order, a bankruptcy court will not disrupt the state court order.
The filing of a bankruptcy does not automatically stop a proceeding in divorce court from continuing. Only under certain circumstances will a bankruptcy proceeding impact a divorce proceeding.
If you are considering filing for bankruptcy, the first question you should ask yourself is: do I qualify for bankruptcy? Attorney Chris Bush can help you determine the answer to that question and whether bankruptcy is right for you.
San Diego personal bankruptcy lawyer Chris Bush has developed a law practice focused exclusively on helping individuals and families find debt relief. His arguments in several California courts have influenced bankruptcy case law and he is regionally known as a lecturer on bankruptcy law. Contact him today to speak to learn about your options.
Filing for bankruptcy is not for everyone. Bankruptcy attorney Chris Bush helps clients negotiate with their creditors to reduce or reorganize their debts outside of the bankruptcy process. With over 12 years of experience as a California consumer bankruptcy attorney, Chris Bush is an assertive negotiator. He has handled countless debt negotiations and reorganizations for clients throughout California.
To learn more, schedule a free consultation with a San Diego debt negotiation and reorganization lawyer.
Many individuals attempt to negotiate with their creditors on their own. However, they often find themselves up against a wall. Creditors are much more likely to respond to an attorney's call. They are also more likely to agree to a better settlement when an lawyer is present at the negotiation table.
For the best results with debt negotiation and reorganization, you need an advocate who knows the system. Our attorneys at Debt Doc know creditors, know the law, and know what to do to get results. When you have extensive debts and would like to protect your family's assets, turn to them.
In the best cases, a debtor will be able to negotiate a permanent reduction in the debt he or she owes a creditor. Known as a debt workout, creditors often agree to debt reduction if a debtor would be able to remove the debt completely in Chapter 7 bankruptcy.
In other cases, the creditor will negotiate a debt consolidation with the debtor. Debt consolidation allows the creditor and debtor to reorganize debt through extended payment plans.
Attorney Bush has experience successfully negotiating debt workouts and debt consolidation plans for individuals with overwhelming debt. When you want relief from credit card debt, home mortgage payments, medical bills, court judgments and more, our attorneys at Debt Doc can help.
While debt reorganization is a promising option for many individuals, it can also lead to consequences, such as higher taxes. In some cases, the creditor may not be willing to reorganize or consolidate debt. Attorney Chris Bush can help you understand all of your options for debt relief, including determining whether you can and should file for Chapter 7 or Chapter 13 bankruptcy.
Contact our debt negotiation and reorganization lawyers at (619)295-3322. Consultations are available by appointment during regular business hours of 10 AM to 6 PM.
Free initial consultation!