Frequently Asked Questions

Southern California Bankruptcy Attorney

Who can file for bankruptcy?

Any person who resides in, does business in, or has property in the United States is permitted to file a bankruptcy except a person who has intentionally dismissed a prior bankruptcy case within 180 days. There are further specific eligibility requirements for all bankruptcy filings which a bankruptcy attorney at F&M can go over with you. F&M serves all clients in the Inland Empire, Orange County, and West Los Angeles.

Why does anyone file a Chapter 7 bankruptcy?

If an individual has a large amount of unsecured debt like credit cards or medical bills that they can no longer pay, they may find it necessary to file a Chapter 7 petition. Generally, this is prompted by such events as loss of employment, divorce, illness, or a medical incident incurring vast sums of expenses.

How does a bankruptcy filing get rid of debt?

In a Chapter 7, the debtor receives a Chapter 7 discharge releasing him from all of his dischargeable debts and ordering creditors not to attempt to collect from him. The debtor however must pay the filing fee, be eligible for the discharge, and obey the orders and rules of the bankruptcy court. Certain types of debts are by law not dischargeable under Chapter 7 and debts of this type will not be discharged even if the debtor receives a Chapter 7 discharge. A Southern California bankruptcy attorney at our firm can advise you of what debts are dischargeable in your case.

When should someone file a Chapter 7 case?

No two cases are the same. Every person's financial condition is unique to them. The best time to file a bankruptcy petition depends on the status of the person's dischargeable debts, what kind of nonexempt assets they have, and what actions are being threatened by creditors. It is advisable to present your financial situation to an experienced bankruptcy lawyer such as you will find at The Law Offices of Fransen & Molinaro to go over all of your options. With the benefit of his legal knowledge, it can be determined if and when a Chapter 7 petition is the proper course of action.

To learn more about bankruptcy filings, contact a Southern California bankruptcy lawyer at Fransen & Molinaro today!