Bankruptcy in Orange County - Process, Services & Fees
Rancho Santa Margarita, Dana Point, Mission Viejo, Laguna Hills, Laguna Niguel, Dana Point
Either before or at the time of your free consultation, we request that you fill out an information form so that we can be of greater service to you. You can either download this form from this website here, or complete the form when you arrive at your appointment. You will need to gather your financial information for the past two years and itemize your income, expenses, assets, and liabilities. We can assist you with this process if you need help.
We will evaluate the information you provide and meet with you to discuss your various options so you can decide which course of action is most favorable for you. In some cases, there may be adequate remedies available so you can avoid filing bankruptcy all together, in other situations we will help you understand the pros and cons of filing a Chapter 7 or Chapter 13 bankruptcy.
Credit Counseling Course
You will be required to complete a credit counseling course and receive a certificate of completion from an approved provider before any bankruptcy filing can be made. This course must be completed within 180 days prior to filing for bankruptcy protection. We will provide you with the information regarding this counseling course, and register you for an appropriate course. Visit http://www.startfreshtoday.com and contact us for a User Name and Password.
Your Creditors
Once you have retained our firm to represent you, we will determine which of your assets are exempt from seizure in the bankruptcy and complete the required forms to file with the court to start your bankruptcy.
The Bankruptcy Court will notify your creditors that you have filed bankruptcy. It will take a few days for your creditors to receive this notice. If there is an emergency situation, we will notify the creditor directly. All collection efforts should stop immediately. During the bankruptcy we will then deal directly with your creditors instead of you. If any creditor continues to contact you to collect your debt, please notify our office immediately and we will demand that they cease and desist, and if we feel it is appropriate we will go to court to seek enforcement of the automatic stay against the creditor that continues to harass you, and possibly seek monetary damages from that creditor.
All of the required schedules and documents must be filed with the Court within 14 days of the date you file your bankruptcy petition. These documents include schedules of assets and liabilities, and your repayment plan if you file for a Chapter 13 bankruptcy.
Within 30 days after filing bankruptcy a Statement of Intention regarding your property is due if you filed under Chapter 7, and if you filed Chapter 13 then your first payment on your plan is due.
Within about 4-6 weeks after your bankruptcy is filed, you must personally attend a mandatory meeting of creditors with the bankruptcy trustee to confirm the good faith of your filing. Creditors who wish to object to your bankruptcy filing may appear at this meeting, but this is very rare.
Bankruptcy Discharge
If you filed a Chapter 7 bankruptcy in Orange County, usually within 45 days after the meeting with the trustee, you must complete a financial management course and the certificate must be filed with the Court for you to receive your discharge. We will provide you with the necessary information regarding this course.
Your debts will usually be discharged within about 60-90 days after the meeting with the trustee if you filed a Chapter 7 and if no objections are made.
If you filed a Chapter 13, your remaining debts will be discharged in approximately 3 to 5 years after meeting, assuming no objects are made and you made your payments under the plan.
If you filed a Chapter 13, you must complete a financial management course and the certificate must be filed with the Court 3 months before you receive your discharge of the remaining debts. You may get information regarding this course from us or from your Chapter 13 trustee.
Contact us by calling 949 - 450 - 8500 today to schedule your FREE consultation.
The fees we charge for preparing and filing bankruptcy in
Irvine / Orange County varies depending on the ease or
complexity of the case. Typically, we charge consumers
between $1,000 and $2,000 for our services involving a
Chapter 7 bankruptcy. A payment of $100 can start the
process.
Our services include:
- Consultation directly with your attorney and not just a paralegal
- We order your credit reports from all 3 credit bureaus
- We arrange the required Credit Counseling Course for you to take
- We help you get your required documentation in order
- We prepare the bankruptcy petition including its schedules
- We will review your bankruptcy petition and schedules with you
- We file your petition with the court
- We submit the required documents to the trustee
- We will prepare you for the meeting of creditors
- An Orange County bankruptcy attorney will go with you to the meeting of creditors
- We will arrange for you to take the required Financial Management Course
- We will file the certificate of completion of the course with the court
- We will monitor your case until the final discharge is issued by the court
You are not “just another client” to us. We realize that you are going through a very traumatic experience right now, so we strive to minimize your anxiety as you go through this difficult time. We want to help you understand all of the options that are available, including 2nd mortgage removal and all appropriate forms of stopping OC foreclosure. Contact us at 949- 450- 8500 today for your FREE consultation.