Legal Help Through the California Bankruptcy Process
For more than 25 years, the Law Office of Thomas P. Hogan has been helping individuals and small business owners in the San Joaquin Valley and the Central Valley find freedom from overwhelming debt. We help our clients with bankruptcy, loan modifications, short sales and tax problems.
If you are ready to find real solutions, contact our Modesto law office for a free half-hour consultation with a bankruptcy attorney, or call 209-409-3103.
The Bankruptcy Process - What You Can Expect
The initial stage of the bankruptcy process is much the same, whether you are filing for Chapter 7 or Chapter 13 bankruptcy. When you come to our office, you will need to bring the following financial information:
- A list of sources, amounts and frequency of income
- A list of property and assets (bank accounts, car, home and other property)
- A list of creditors and the amount and nature of debts (It is extremely important that you include information about ALL debts. If you fail to include a debt in a bankruptcy filing, that creditor can continue to seek money from you.)
- A detailed list of monthly living expenses (food, clothing, shelter, utilities, taxes, transportation and medicine)
Bankruptcy attorney Thomas P. Hogan will review your financial information and advise you on the type of bankruptcy for which you will qualify — Chapter 7 or Chapter 13. He will explain any additional financial liabilities you may face and any potential tax consequences so that you can make an informed decision about how to proceed.
Within 180 days prior to filing, you must have received credit counseling/financial management training from an approved credit counseling agency. You need a certificate to show that it was completed. You will also need to pay filing fees.
A bankruptcy petition along with a number of financial documents with the court including documentation of income you've received in the previous 6 months will be filed in the local court where you live. Once the bankruptcy petition is filed, it automatically stays (stops) most collection activities.
Chapter 7 Bankruptcy : The bankruptcy clerk will send a notice of the bankruptcy case to all the creditors you have identified. If a creditor wants to object to the bankruptcy, he or she will file a complaint in the bankruptcy court and a meeting will be held, called an “adversary proceeding.”
Between 21 and 40 days after the petition is filed, the bankruptcy trustee will hold a meeting of creditors. During this meeting, the trustee and creditors will ask questions. The debtor must attend the meeting. Within 14 days of the creditors’ meeting, the trustee will report to the court whether the bankruptcy should be approved. If there are assets that are not exempt property — and often there are none — the trustee takes those assets, sells them and distributes the profits to creditors.
The bankruptcy court will then issue a discharge order 60 to 90 days after the date first set for the meeting of creditors.
Chapter 13 : If you are filing for Chapter 13 bankruptcy protection, you can usually keep your possessions and make payments to creditors through the bankruptcy trustee. There will be a confirmation hearing during which the court will approve or disapprove your repayment plan. You must complete all payments under the plan before your debt can be discharged.
Creditors can object to confirmation of the repayment plan, but they cannot object to the discharge of your remaining debt if you have completed making payments according to your plan. The discharge of your remaining debt will be complete within three to five years of when you complete your plan.
Free Half-Hour Consultation • Convenient Location
For a free half-hour consultation with a bankruptcy lawyer, contact the Law Office of Thomas P. Hogan or call 209-409-3103. Office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m. Evening and weekend appointments are available upon request. The firm's offices are conveniently located in downtown Modesto, California, just off Highway 99.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
