California Bankruptcy Lawyers, Debt Relief
Find a Bankruptcy Lawyer in California with our debt relief directory and get a free BK evalution for a loan modification, chapter 7, 11, 13 or debt settlement that could lead to a fresh start. Find out from a local attorney if bankruptcy is the best for your situation.
Bankruptcy protection is not what it once was.
Bankruptcy protects consumers against lawsuits from creditors, but the protection under California Chapter 7 bankruptcy laws and California Chapter 13 bankruptcy laws isn't as extensive at it once was. Mark J. Markus, a Southern California Bankruptcy lawyer cites that there are several limits to the length of the automatic stay for cases filed on or after October 17, 2005. For example, if you had a prior bankruptcy case dismissed under any chapter within one year prior to the filing of your present case, the automatic stay will terminate 30 days after your new case is filed, unless you obtain a court order extending it, for cause and a showing of good faith as to why the prior case was dismissed. And, if you had more than one prior bankruptcy case dismissed under any chapter within one year prior to the filing of your present case, the automatic stay does not go into effect at all unless and until the court orders it into effect, after a noticed hearing. There are other new limitations on the automatic stay. Check with your bankruptcy lawyer for details.
However, those filing for chapter 13 who are currently facing foreclosure may be seeing some signs of relief. San Diego Bankruptcy Lawyer, Richard L. Stevenson's website reports that Senate Majority Leader Harry Reid (D, NV), introduced S.2636, the Foreclosure Prevention Act of 2008. Among the many components of this bill is one that would allow mortgage loan modifications in Chapter 13 for debtors who meet strict income and expense criteria. This bill was signed into law on July 30, 2008. Check with your bankruptcy lawyer to see if you meet the income and expense criteria for a loan modification.
Check with San Diego bankruptcy lawyers, Orange County bankruptcy lawyers, Los Angeles bankruptcy lawyers, Riverside , San Francisco and other California bankruptcy lawyers for details on how the new bankruptcy laws affect you. You may want to try debt settlement before filing for bankruptcy. The damage to your credit is much less severe, and you may even be able to get some or all reversed once you pay your debts.
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