Bankruptcy is a procedure governed by the Federal Bankruptcy Code that allows an honest debtor, who is unable to pay-off his or her debts get a fresh start in life. A bankruptcy will discharge most debts. Certain statutory debts such as back taxes or court order payments such as alimony and child support will not be discharged in a bankruptcy. The debtor must continue to pay such debts. Consult with the Stockton bankruptcy attorneys of the Thomas Hogan Law Office to find out if your debts can be discharged in bankruptcy. A debt that is discharged in bankruptcy can no longer be collected against the debtor.
Give our Stockton bankruptcy attorneys a call at (209) 266-0316 for a FREE 15-minute consultation.
Individual debtors generally file for bankruptcy under Chapter 7 of the Federal Bankruptcy Code. A bankruptcy proceeding under Chapter 7 is also known as liquidation. The bankruptcy trustee will sell your non-exempt assets and pay off your debts from the sale proceeds. Filing a Chapter 7 isn’t easy. It requires the submission of numerous forms and schedules. Incorrect forms and schedules or inaccurate entries on the forms and schedules can result in your Chapter 7 petition being dismissed. If your petition is dismissed, you will not receive a discharge and it will adversely affect your right to file for bankruptcy in the future. Don’t let this happen to you. Consult with our expert bankruptcy attorneys in Stockton.
Most individual debtors successfully get a discharge in a Chapter 7 proceeding. Once you receive a discharge, the debts that you included in your bankruptcy are no longer enforceable against you. You need not pay them. However not every individual is eligible to file under Chapter 7 of the Federal Bankruptcy Code. To prevent the misuse of bankruptcy protection by individuals who can repay their debts over a period of time, eligibility for filing a Chapter 7 proceeding is contingent on the passing of the “Means Test”. If the Means Test concludes that the individual has the ability to pay off the debts over a period of time, he or she cannot file for bankruptcy protection under Chapter 7. He or she can, however, file for bankruptcy protection under Chapter 13 of the Federal Bankruptcy Code. When you contact the Thomas Hogan Law Office, our Stockton bankruptcy attorneys will determine whether or not you can file for Chapter 7. If you do not qualify for Chapter 7, our attorneys will assist you file for protection under Chapter 13.
Our Stockton bankruptcy attorneys have years of experience successfully assisting debtors get a discharge under Chapter 13. A bankruptcy proceeding under Chapter 13 of the Federal Bankruptcy Code is also known as the wage earner’s plan. This proceeding is ideal for debtors who have a regular income. In a bankruptcy proceeding under Chapter 13 the debtor must submit a repayment plan specifying how he or she intends to repay the creditors over a period of time. Generally, the repayment plan is for 36 months. However, the bankruptcy court may approve repayment plans of 60 months. The repayment plan does not have to provide for the payment of a debt in full. If a debt is backed by collateral but the market value of the collateral is less than the outstanding debt, then the debtor can pay the market value of the collateral under the plan.
Complex Laws of Bankruptcy
Bankruptcy law is complex. There are many do it yourself forms available in the market. Never use these forms. Even a minor mistake can result in your petition being dismissed. Once your petition is dismissed, you will no longer have the benefit of the automatic stay and your creditors can proceed to collect the debt from you. Contact the Thomas Hogan Law Office. Our Stockton bankruptcy attorneys will review your finances and advice you of the proper course of action. Our attorneys will assist you with the proper forms and help you navigate the complex maze of bankruptcy laws.
What can a Stockton bankruptcy attorney do for me?
Multiple situations can occur that can make you unable to settle your debts. Filing a Stockton bankruptcy is a legal process that can diminish or drastically lower your debt in order to give you a fresh start. Debts such as medical bills and credit cards bills are a couple that can be relieved. However, there are certain debts that a Stockton Bankruptcy Lawyer cannot help you forgive such as student loans and certain taxes. It takes an expert Stockton Bankruptcy Attorney to help you determine what is dischargeable.
How can a Chapter 13 help me consolidate debt?
Chapter 13 bankruptcy is known as the Reorganization Chapter. When filing a Chapter 13, you must make monthly payments to a Trustee to pay off a portion of your debt based on your income and expenses. This chapter facilitates protection of secured property such as a business or mortgage. Just like Chapter 7, a Chapter 11 file with one of our Stockton bankruptcy Attorney’s will discharge you from all debts considered to be “dischargeable.”
What paperwork or details do I need to start working with one of your Stockton Attorney’s?
In order to get your bankruptcy debt relief started, you will need several details regarding your financial status. Before contacting a bankruptcy lawyer, you should prepare yourself with plenty of information to perform a financial examination. Pay stubs for the last six months, a list of your debts, a breakdown of your monthly expenses and a list of all property that you own are the most common types of information you need to provide. After an initial analysis, the proper bankruptcy choice will be provided to you.
Contemplating in filing for bankruptcy? Click on the link to download forms that you can use:
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You can avail a free fifteen-minute consultation with our Stockton attorneys. Give us a call at (209) 266-0316 and we will schedule a consultation at your most convenient time.
What clients say for Thomas Hogan Law Office Stockton
By John R.:
“I can say that my experience with Mr. Hogan was great. He is a consummate professional, approachable and very friendly. I’m thankful that I found him. Thank you Mr. Tom, for your care and understanding of my situation. I’ll keep you in my prayers.“
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I was in a difficult situation and needed a reputable and trustworthy lawyer to represent me in court against a government agency. I am glad I made an appointment to meet Tom Hogan in his office. The entire office staff is very courteous and professional. Tom Hogan is very likeable, he has a good sense of humor, and my anxiety went away after talking to him for a few minutes. He listened intently on what I had to say and gathered information by asking me several questions pertaining to my case. He has great attention to details. I was able to understand better my predicament after he explained the situation I am in so I decided on day 1 that he is the lawyer I am looking for. He showed up on all my court dates and stood for me against seemingly insurmountable odds. For those who are summoned to appear in court by the government, I guess you can relate… you are in between a hard place and a rock. His arguments turned around the case in my favor. The last court appearance went like a blur and I was still in disbelief as we are walking out of the court house. I asked him, what is going on? He responded ” We won. They are not going to bother you anymore.”Joe Stockton
Mr. Hogan took a personal interest in helping me with my legal issue. It was refreshing to find a lawyer that did not treat you like a number. He asked all the necessary questions so that he could properly represent me. He obviously has a lot of experience and it showed in how he handled my case. I would definitely recommend Mr. Hogan to any of my friends for legal assistance.Al M. Modesto
When I decided to get married he established my pre-nup. Since I had no idea how or what to put into it he was able to advise me on thing I would have never thought about. then 8 years later I needed a legal separation. Since the pre-nup was very detailed it made the legal separation quick and easy. Tom is very knowledgeable and is very understanding. I appreciate that he is tough when he needs to be but at the same time sensitive to the situation. He won’t just tell you what you want to hear but is honest and tell you how the law looks at things. I recommend Tom to anyone that needs a lawyer!Jeri E. Modesto
Mr. Hogan and his staff were a pleasure to work with. I consulted with them regarding a potential IRS tax issue. They answered all my questions gave me invaluable advise. I am sleeping much better at night since my stress has been diminished. Thank you Mr. Hogan.Evelyn M. Modesto
If you need an attorney with a keen understanding of financial matters, look no further than Tom Hogan. Mr. Hogan deserves the gold star for his accomplishments as an attorney and CPA. I never expected to ever find an attorney as competent, caring and driven as Mr. Hogan. As soon as Tom took on my case, he was determined to help me. He immediately plowed through the reams of documents pertaining to my case, financial and legal, and honed in on the critical pieces.Roberta C. Modesto
We care about our clients and are dedicated to addressing their legal issues to the best of our ability.Tom Hogan Founder