Chapter 7 Bankruptcy Lawyers in Orange County

Providing Effective Legal Services for 30+ Years

In a Chapter 7 bankruptcy the court will discharge most types of debt including credit card balances, medical bills and finance company loans. Some types of debts like recent income taxes, student loans and child support obligations are not dischargeable. On secured debts, like a home mortgage or car loan, you have the option to keep the property and keep making the payments, or surrender the property to the lender and discharge your liability. You generally are able to keep all of your property, unless you have substantial equity in the property beyond what California law allows you to protect.

At The Law Offices of Joseph M. Tosti, our highly experienced legal team will sit down with you during a free case evaluation and help you determine if you are eligible for Chapter 7 bankruptcy. If so, we can help you determine the best course of action and immediately start working on a strong case strategy for you. You can count on us to be there for you when you need us most.

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Contact us online or call (949) 245-6288 to schedule a free initial consultation with our Irvine Chapter 7 bankruptcy attorneys. We are here to answer your questions! Se habla Español.

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How Do I Qualify for Chapter 7?

There are are few requirements you must have when it comes to qualifying for filing Chapter 7 bankruptcy. If your household income is below the California median, we typically can qualify you. If your household income is over the California median, than we must calculate your income and expenses in the “Means Test” to determine if you qualify. During your free consultation, either in person or on the telephone, we will be able to advise you if you qualify for a Chapter 7 bankruptcy.

Other qualifications for Chapter 7:

• You must be an individual, a married couple, or a small business owner in order to file.
• You have not had a previous Chapter 7 discharge in the last 8 years.
• You have not had a previous Chapter 13 discharge in the last 6 years.
• You do not have a recent bankruptcy dismissal in the last 180 days because of specific reasons such as fraudulent filing, you violated a court order, etc.
• You must complete a credit counseling course no more than 180 days before your discharge.

Speak with a skilled Chapter 7 bankruptcy lawyer in Orange County to see if you qualify.

How Can Chapter 7 Help Me?

Once the Chapter 7 petition is filed, the United States Bankruptcy Law prohibits all collection attempts by your creditors including telephone calls. Approximately forty days after your case is filed there will be a Creditors Hearing. Typically no creditors actually show up at the Creditors Hearing. Usually it is just the bankruptcy Trustee that is present to ask you questions about your assets and income. In most cases, the hearing will last less than five minutes with a court appointed Trustee. It is the trustee's responsibility to see if you have any large assets that could be liquidated to pay your debts, like business equipment or substantial equity in real estate. About twelve weeks after the court appearance you receive the order of discharge of your debts by mail.

Are There Fees For Filing?

The court costs to file a Chapter 7 case are $335 which must be paid by you when the case is filed. The attorney fees for Chapter 7 cases depend on the nature and complexity of your case, finances and assets. In most cases, we can have the fees paid in installments. During your free consultation we will be able to quote you an exact fee and discuss a payment plan.

It is important to remember when choosing a bankruptcy attorney in Orange County, that not all attorneys have the requisite knowledge and experience in handling these cases. The Law Offices of Joseph M. Tosti has been committed to representing those consumers and businesses that have been suffering from severe financial hardship for over a quarter of a century.