Living Trusts, Wills, & Estate Planning

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CA 95682

What is Bankruptcy?
The most common type of Bankruptcy is a Chapter 7 Bankruptcy, which is a relatively short and simple legal proceeding authorized under Federal Law, by which an individual or married couple may be released or discharged from the obligation to repay certain types of debts, such as credit cards, medical bills, unsecured personal loans, and the like.

Are there other types of Bankruptcy?
In addition to the Chapter 7 Bankruptcy mentioned above, there are other types of Bankruptcy for small and large businesses, family farmers, and individuals who wish to consolidate and repay their debts.

Can a Bankruptcy stop foreclosure proceedings, lawsuits, and wage garnishments? In many cases, the filing of a Bankruptcy can save a home from foreclosure, or put an end to a pending lawsuit or wage garnishment.

Can I keep my home, cars, retirement, and other property, if I file Bankruptcy?
The vast majority of people who file Bankruptcy are
allowed to keep all of their property including their home, motor vehicles, retirement, and other assets. However, there are of course certain limits defining how much property a person is allowed to keep, and your attorney will be able to tell you before you
file if all of your assets will be protected.

Is it more difficult to file Bankruptcy since the enactment of the Bankruptcy Reform ACT of 2005?
The Bankruptcy Reform Act of 2005 made some
sweeping changes in Bankruptcy Law, both substantively and procedurally. For example, most individuals who file Bankruptcy are now required to meet certain credit counseling requirements. However, the passage of the 2005 Reform Act does not materially impair the ability of most individuals to file Bankruptcy and obtain a release or discharge of their debts.

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