The "Best" Bankruptcy Lawyer?

No attorney can claim to be the “best” bankruptcy attorney. All California attorneys must comply with Rule 1-400 of the California Rules of Professional Conduct which prohibits false, deceptive or misleading communications. Accordingly, any bankruptcy attorney claiming to be the “best” would likely violate this rule since the classification is inherently deceptive and misleading. 

No bankruptcy attorney can claim to be the “best,” but many can be honest and diligent.

Instead of searching for the best bankruptcy attorney, look for an attorney who is straightforward, punctual and empathetic. A straightforward attorney will not be evasive in their answers or noncommittal of what is and is not included in their fee. Likewise, an honest attorney will not quote one amount where a different amount is identified in the representation agreement. While the difference between the verbal quote and written amount may be technically honest if the attorney is careful with their language, the practice may have the intended effect of misleading you...Keep Reading

Credit Counseling Before Filing Bankruptcy

It's not hard to take credit counseling

One of the many unfortunate results of the 2005 BAPCPA is the credit counseling requirement. People who want to file chapter 7 or chapter 13 bankruptcy must complete credit counseling from an approved credit counseling agency.  While not difficult to complete, credit counseling stands as yet another hurdle to be cleared before filing.

You can take credit counseling online or over the phone.  Phone providers generally charge more, sometimes as much as $40 for the hour-long course.  Internet providers are less expensive with many courses ranging from $10 to $20.  DebtorCC offers a $10 online credit counseling course without any wait time between completing the course and emailing the certificate.  Therefore, those wishing to file an emergency bankruptcy petition are well served by taking DebtorCC's credit counseling course.

There's no way to fail credit counseling.  You really just need to complete the course and get the certificate.

The Importance of a 3 Source Credit Report Before You File Bankruptcy

Know Who Owns Your Debt

It will cost you several thousand dollars to file bankruptcy, so why would you jeopardize the success of your bankruptcy to save $50?  A good 3 source credit report will cost you about $30 to $50; not much  money compared to the $306 chapter 7 filing fee or several hundred dollar attorney fee.  By obtaining a 3 source credit report you will know who owns your debt, how much you owe them, and the last 4 digits of the account number relating to each debt.  If you look at Schedule F you will understand that this information is incredibly helpful.

The Dangers of an Emergency Bankruptcy Filing

Filing An Emergency Bankruptcy Petition Is Not Without Danger

So you're facing a lawsuit, wage garnishment, foreclosure, or any other imminent collection event that prompts you to contact a bankruptcy attorney.  After a brief consultation the attorney tells you that he can file a bankruptcy petition with the court right away, and that by doing so your collection event will stop immediately.  This power of the automatic stay coupled with the attorney's low fee sounds great, so you file an emergency bankruptcy petition.

Now the clock is ticking...

Filing this bare bones petition is the easy part.  Now you have 2 weeks to file the remaining schedules, statements, and required documents.  This means that you have about 1 week to give the attorney 6 months of pay stubs, 2 years of tax returns, 6 months of bank statements, and any other document the attorney requests.  Furthermore, depending on the bankruptcy attorney you may need to complete a 30-40 page bankruptcy workbook.  If you can't get these documents to the attorney quickly enough he won't have time to draft the outstanding schedules, statements, and required documents.  In that event, your case will be dismissed.

In brief, an emergency bankruptcy filing gives you a brief window of time to furnish a large amount of documentation.  Likewise, the attorney is under time pressure to draft your outstanding documents and file them with the court within the 2 week period.  Therefore, emergency bankruptcy filings are by no means easy; they require close communication and fast action by the attorney and client.

Why Chapter 7 Bankruptcy Can Be Difficult in Santa Rosa

Chapter 7 Bankruptcy Can Be Hard in Santa Rosa

Santa Rosa lies in the heart of the wine country.  For residents of this Northern California resort destination life can be expensive.  With rental prices easily exceeding one thousand dollars per month Sonoma County is not the most affordable area.  Unfortunately, many hard working residents of Santa Rosa fall victim to the high cost of living in Sonoma County and turn to bankruptcy for debt relief.  These very same residents who are already dismayed at the thought of bankruptcy are further crushed when they learn that they make too much money to qualify for chapter 7 bankruptcy

To qualify for chapter 7 bankruptcy a Santa Rosa resident's annualized current monthly income (the average monthly income over the past 6 months) must be below the California median family income for a household of the same size.  For residents of this expensive area with wages to offset the higher cost of living this California median threshold can be a difficult one to fall below.  As a result, many residents make what the Bankruptcy Code considers to be too much money to qualify for chapter 7 bankruptcy.  However, they can still file chapter 7 bankruptcy if they can pass the means test.

The means test is a calculation designed to determine whether filing chapter 7 bankruptcy would be an abuse in that the individual has enough money to fund a chapter 13 repayment plan.  Certain expenses can help the individual pass the means test and thereby qualify for chapter 7 bankruptcy.  Child care, tax obligations, alimony, child support, mortgages, and car payments, among other expenses can help residents of Santa Rosa pass the means test.  With that said, it is important to note that not all monthly expenses count, only certain expenses.  Therefore, if you're considering filing chapter 7 bankruptcy in Santa Rosa you should consult with a local bankruptcy attorney.

Virtual Bankruptcy Representation

The limits of virtual bankruptcy representation in the 9th circuit

Many people can't afford to hire a bankruptcy attorney. As a result, California bankruptcy courts have been overrun with pro se petitions, often fatally flawed leaving indigent filers with dismissed cases and no discharge. To lower costs and make bankruptcy representation more affordable some California bankruptcy attorneys have attempted to provide virtual representation. While many definitions of virtual legal representation exist, the general idea is that the attorney uses technology to replace office visits. In bankruptcy this model would include the use of email, phone and regular mail for attorney-client communication. For instance, http://sacramentolawgroup.com/san-jose-bankruptcy-attorney gives an overview of virtual bankruptcy representation which includes use of online forms and electronic contracts in the bankruptcy process. While this model is acceptable for pre-filing work, virtual representation has a major limitation after filing according to 9th circuit case law.

No virtual representation at the meeting of creditors

If a bankruptcy attorney agrees to represent a client in chapter 7 bankruptcy they cannot exclude representation at the meeting of creditors. In so many words, your bankruptcy attorney must facilitate attorney representation at the meeting of creditors, otherwise known as the 341 meeting. The court in Hale v. Trustee ruled that your attorney's appearance at the 341 meeting is necessary service required to adequately represent you in your bankruptcy case. Therefore, a bankruptcy attorney cannot exclude that service from the scope of their representation, and therefore cannot engage in 100% virtual representation in bankruptcy. In essence, a bankruptcy attorney must make a physical appearance at the meeting of creditors.

How To Stop Foreclosure in Roseville

If you're facing foreclosure in Roseville CA you're not alone. At the peak of Roseville's real estate market home prices were inflated and mortgages easy to secure. Real estate agents sold overpriced homes to highly leveraged buyers. When the Roseville real estate bubble burst many homeowners were highly leveraged. As the economy declined some of these highly leveraged individuals experienced a disruption in income through no fault of their own. With less money these individuals incurred greater debt and fell behind on their massive mortgage payments. As a result, foreclosure greeted many of these homeowners. If you're facing foreclosure in Roseville you have some options. If you don't want to keep the home, but do want to eliminate your liability for the mortgage, chapter 7 bankruptcy can be the right solution. When you file chapter 7 bankruptcy the foreclosure process will temporarily be halted. However, the lender will eventually (normally after a few months) be able to resume foreclosure and sell the house. Fortunately, if they sell the house for less than you owe you will not be liable for the deficiency. In brief, your chapter 7 bankruptcy will have discharged your liability for the mortgage debt. Therefore, you can walk away from the house free and clear. If you want to keep your home you will need to file chapter 13 bankruptcy. After hiring a Roseville chapter 13 bankruptcy attorney you will propose a repayment plan to the court in which you will repay your late mortgage payments over 3 to 5 years. Once you have made all these payments you will no longer be in default and can keep your home after bankruptcy. In so many words, chapter 13 bankruptcy allows you to catch up on your payments while you keep your home. Hence, if you need to stop foreclosure in Roseville but want to keep your home you should file chapter 13 bankruptcy.