Bankruptcy & Reorganization
Bankruptcy & Reorganization
Have you lost a source of income? Are your bills more than you can pay? Do the bill collectors keep calling and harassing you about past due bills which you cannot meet? Do you just need a fresh start?
If so, bankruptcy may be right for you. While bankruptcy may seem hard to contemplate, the bankruptcy laws are designed to help people just like you recover from seemingly impossible financial devastation. Bankruptcy can erase debts, protect valuable assets, and help people begin to rebuild their credit records. Sometimes filing for bankruptcy protection is the absolute best thing you can do for yourself and your family.
It is wise to engage the assistance of a bankruptcy attorney to help you decide which chapter (7, 11 or 13) to use and to file the case for you. There are many rules and technicalities that make filing bankruptcy a mine-field for those unfamiliar with the process.
Attorney Wm. Greg Bennett is not only a bankruptcy attorney, but also a seasoned real estate attorney and licensed real estate broker with a wide range of knowledge related to bankruptcies and foreclosures. Mr. Bennett has represented individuals and organizations in the United States Bankruptcy Court for over 10 years. With offices in Temecula, Mr. Bennett represents clients all of the Inland Empire, in both Riverside and San Bernardino Counties.
For a consultation with Mr. Bennett, email him or call
(951) 719-3456.
There are two main types of bankruptcy and which one is best for you depends on your circumstances:
Chapter 7 Bankruptcy
The first, and most common, type of bankruptcy is Chapter 7 Bankruptcy.
If you have lost a source of income, have more debt than you can pay, want relief from the harassing creditor calls and would like most if not all of your debts forgiven, then Chapter 7 Bankruptcy is best for you. The purpose for a Chapter 7 Bankruptcy is to “wipe the slate clean” and give you an entirely fresh start.
In a Chapter 7 bankruptcy your debt is “discharged”, which simply means that at all creditor calls must stop and all demands for payment end. There are a limited number of debts, such as child support, spousal support, student loans and some income taxes, that cannot be discharged with a Chapter 7.
If your home is in foreclosure, the foreclosure will be stopped temporarily during the bankruptcy proceedings for at least a month. Sometimes foreclosures are held off until the bankrupcty case is completed - usually about four to five months. Many people in foreclosure will let their house go back to the bank through this process, although you can work out a deal directly with your lender to keep your house. If you choose to allow your house to proceed to foreclosure, your debt will be discharged in relation to your home (including your second, third, etc. mortgages).
Please see the Chapter 7 Bankruptcy Page for more detailed information on the Chapter 7 Bankruptcy Process.
Chapter 13 Bankruptcy “Reorganization”
If you have a steady source of income, but have more debts than you can pay or you have a house in foreclosure that you want to save, a Chapter 13 bankruptcy might be right for you.
Chapter 13 bankruptcy is most often used when an individual wants to prevent foreclosure on a home. Under this type of bankruptcy you will “reorganize” your debts (including your past- due mortgage payments) and make payments through a Chapter 13 Plan. This type of bankruptcy only works when an individual or family (not a corporation or LLC) has a steady source of income sufficient to pay their bills going forward, plus the court-ordered plan payments (which are a portion of the past-due bills paid over several years).
Please see the Chapter 13 Bankruptcy Page for more detailed information on the Chapter 13 Bankruptcy Process.
Is Bankruptcy Right for You?
Services provided by
Attorney Wm. Greg Bennett
• Chapter 7
(Bankruptcy Relief for Individuals)
• Chapter 11
• Chapter 13
(Business Reorganization)
• Creditor Representation
(Relief from Stay, Adversary
Actions)
This website and all information contained in it is copyrighted, ©2011, by Bennett & Bennett, APC. All rights reserved. In accordance with Section 528(b)(2) of the United States Bankruptcy Code, readers of this site are hereby notified that Bennett & Bennett, APC is a DEBT RELIEF AGENCY whose services may include helping people file for relief under the Bankruptcy Code.