bankruptcy attorney riverside
Author: Paul Sun
10 questions you need answered in order to protect yourself when you file for bankruptcy in Oakland. Can’t sleep at night? Avoiding answering the phone? Do 800 numbers scare you? Do you dread going to your mail box — because there’s never any good news there. All that you find there are bills, collections notices and threatening letters? If you’re struggling with the burden of debt and your considering bankruptcy in Oakland, CA. Here are 5 things you need to know. First of all, you need to be assured that you are not alone. bankruptcy attorney riverside Times are tough in Oakland… People from all walks of life have been hurt by the economy. The law was put in place to help people get a new lease on life. It is legal and ethical. But you need to be careful. Here are some tips and some myths exposed that can help you with your decisions. 3 Questions to ask yourself 1) Are you just trying to get out of your commitments? 2) Have outside influences truly thwarted your attempts to make good on your financial obligations 3) Are you ready to start over and to avoid some of your mistakes from the past 5 Questions you need to ask your attorney 1) Is this the main area of practice? What percentage of your practice involves personal bankrupty work? (If it’s less than 50%, go the next one on the list) 2) After reviewing your situation, bankruptcy attorney riverside ask the attorney point blank: Is bankruptcy a good option for me? (Make sure your Oakland Bankruptcy attorney explains the different options from Chapter 7 to Chapter 13) Understand the risks and consequences of each. Your attorney should have a written document for you to review so you can make a studied and informed decision. 3) What is the best way to communicate? Most Oakland Bankruptcy attorneys use email in order to have a record of correspondence. But if you don’t email… you need an attorney who will pick up the phone. How much access will you have to the attorney? And will you be working directly with the attorney or a paralegal? You want to choose an attorney with personal touch and interaction on your case. Also, fear sets in when you can’t reach your attorney. Be very clear on how and when you will get updates from your chosen attorney. 4) What are the ramifications of filing for bankruptcy in Oakland? How will this affect your financial situation currently? How will it affect your future? How will it affect your credit? Make sure to get straight answers… not a sales pitch. For example, a Chapter 7 may discharge most or all of your debt, and stop collection activity. A Chapter 13 may allow you to catch up mortgage payments, or restructure other debt. If your Oakland Bankruptcy attorney tells you some hard things. Be grateful they are telling you the truth. But ask for assurances that they will help you personally through the rough waters. If they seem distracted or not fully engaged in the process… go to the next attorney. You do have options. 5) How do you pay for Bankruptcy in Oakland? There are a multitude of payment options. They can charge hourly, or a flat rate. If you choose flat rate, make sure you are clear on exactly what you get for the flat fee. 6) Will the attorney accompany you to court. Typically there is only one visit to the courthouse, called a hearing. Make sure that the attorney themselves will be at your side. You are paying good money for this process… sometimes the last dime you have. Make sure you choose and attorney who values your sacrifice and is committed with his or her time and attention. The should be at the hearing with you. 7) Be clear on the Fees. Ask exactly how much the fees are and what they include. bankruptcy attorney riverside The cheapest price is not always the best. You are paying an attorney to help restructure your financial future and to help relieve the stress you are currently in. This is not the time to go cheap. You want thorough and professional guidance. This is your biggest investment in your future. Once you are comfortable with these answers, then make your decision. You may want to interview a couple of attorneys before you commit.
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can a car contract be broken, here in california?
i’m going through a rough time finacially, i’m going trough the process of going bankrupt.i got an attorney for bankruptcy,but have not finished paying the fees to start the paperwork.now with that in mind, last year i got a truck at a dealer, my monthly payments are @750 per month and that payment is too much for a titan nissan, i did not think it through in the begining. i think this is part of me going bankrupt.so my question is can i break my contract, or get finance with something of a lower value,even though i’m in the process of bankrupt.
I live in California and now owe money on 10 credit cards. Discover card threading me by attorney placement.?
About 7 months ago I stopped paying om my 10 credit cards and owe more than $42.000 plus fees.
They all charged off my debt. However, 3-4 collection agency keep calling me saying that if I don’t pay I will end up in court.
Today I have a letter from Discover. They say that “We have been authorized to proceed with legal action to secure the balance you currently owe us… if we don’t hear from you by 04/30/07 you account will be forwarded to an Attorney to obtain a judgement against you”
I have never spoken to any creditors since I I stopped paying them. I rent, have no properties, and owe old used car that I bought for $6.000 together with my dad – 2 owners. Also about a month ago I was charged off with my 2 mortgages.
1. Can collection agency bring me to court and start taking money from my paycheck?
2. If I changed address and they can’t served me letter from court will it matter?
3. Will Discover C. bring me to court as well?
What do I do? Keep hiding, fail for bankruptcy?
What are the attorney’s fees for filing for bankruptcy in California?
How do you reaffirm your car loan in Chapter 7 bankruptcy ba in California?
I just paid my attorney my fees and want to keep my car…how do I go about doing that? thank you
Breakdown Cost of Filing Chapter 7 bankruptcy in California?
Heeeelp Yahoo Community! Myself and a couple friends are all considering filing Chapter 7. My question is can someone who recently used an attorney to file their Bankruptcy tell us the breakdown of all the fees they were charged and not just a total amount. And please don’t tell me how much it cost for your Bankruptcy years ago, we are trying to find out Todays cost..
Thanks!!!!!
At this time the Bankruptcy Court filing fee is:
Chapter 7: $299.00
Chapter 13: $274.00
Chapter 11: $1,039.00
This would be the filing fee for the Court and info can be found at:
http://www.bankruptcyinformation.com/CA_courts.htm
As for the Attorney Fee’s, the Retainer varies on several aspects:
In addition to the filing fee, your attorney will need a retainer fee. An attorney charges a retainer fee for their services which is based on individual aspects.
Since the change of the Bankruptcy Law in 2005, a lot of attorney’s have increased their fees due to the amount of work required by the Court.
A lot of client’s don’t realize their attorney’s obligations and requirements before and during filing and don’t understand how much work it actually takes.
In my experience, the Basis for determining Retainer fees is:
1. Client’s Income
2. Client’s Expenses
3. Client’s Secured Debt Expenses
4. Client’s Living Situation
5. Client’s Experiences
6. Ability to Pay versus Severity of Need
7. Complexity of case:
a. How much assets?
b. How much income and expenses?
c. Transfers?
d. Possibilty of Creditor Conflict?
e. Unusual Situations which will cause concern or inquiry from the Court or Trustee.
One of the reasons attorney’s make you bring them all your info to your consult is so that they can determine the appropriate fee.
Just remember that although they are there to help you, they must pay their employees.
In some cases, attorneys may charge low retainers or waive their retainers for those clients in special situations.
Also, depending on your situation, the Court and Consumer Credit Counseling agencies may waive your fees.
To find an attorney in your area, go to:
http://www.abanet.org/legalservices/lris/directory/
You need to keep current with your car payments (don’t get behind – you can’t reaffirm if you are behind on your payments).
One of the documents your attorney will file along with your bankruptcy paperwork is your Statement of Intentions. In this you will list your vehicle loan, and your intent to reaffirm it.
When your vehicle lender receives the notice of your bankruptcy filing and your intent to reaffirm, it will send your attorney a reaffirmation agreement.
Your attorney will review the reaffirmation agreement to make sure it does not contain any terms and conditions that it shouldn’t, and then will have you sign it. The attorney will return the signed copy to the lender.
Just my opinion, but if an original creditor is talking about court, the chances of them actually doing so is pretty high.
Collection agencies threaten things like that as a matter of course (even though it is illegal to threaten when not actually planning on doing it), but original creditors rarely use idle threats.
Hiding probably will not help, they will more than likely just serve your last known address. Then get a default judgment against you.
If they do happen to get a judgment against you, the judgment will be valid for 10 years and then they can renew the judgment at the 10 year mark.
So, they will have plenty of time to wait.
As for filing bankruptcy, I would suggest speaking with an attorney.
I don’t know the laws of California as far as bankruptcy and judgments so the following would just be speculation –
It may be possible if bankruptcy is filed before they sue or before a judgment is reached, it would stop the suit or judgment.
Or It may be possible to either have a judgment vacated or it may just put a permanant injunction on collecting the judgment
Again, I don’t know Ca. laws on that and your best bet would be to speak with an attorney.
Also, I believe the 3rd poster is wrong about #4 in his post.
A contract can’t be broken unless both sides agree. Your best bet would be to take the car back to the dealer, tell them your situation, and see what it would take for you to give the car back and finance a less expensive car. If they agree, you will still take a hit financially, but you might save you from another ding on your credit.
Don’t let the fact that you’re going bankrupt let you do something stupid. You bought the car and you don’t want to screw over the dealership. It’s going to be hard enough to build up your credit again.