Kern County Bankruptcy Attorney - Expert Personal and Corporate Bankruptcy Lawyers serving Kern County, California.

If you are struggling financially and looking to speak with a Kern County bankruptcy attorney, you've come to the right place. The Attorney Group can help you eliminate your credit card debt, pay day loans, personal loans, medical bills and other bills and debt. We will stop lawsuits, stop garnishments, stop, bank account levies, stop judgments and stop foreclosures. We have 36 locations to meet you in California.

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A bankruptcy is an opportunity for many debtors to be relieved of constant harassing phone calls from creditors and collection agencies, the threat of lawsuits, levies, seizures and impending foreclosure. Though you should definitely explore other options to getting your debt under control, consulting with a bankruptcy attorney to see if a bankruptcy might be your best option, to determine if you qualify for relief and which chapter is appropriate based on your particular circumstances is essential.

There are many misconceptions regarding bankruptcy. As a consumer or small business owner, you have the option of a Chapter 7 liquidation or a Chapter 13 reorganization.


Chapter 7 Liquidation

Chapter 7 can be utilized by individuals, married couples, businesses and corporations. It is a liquidation of your debts and possible relinquishment of certain assets if found to be nonexempt. In most consumer and small business cases, however, you are able to retain most if not all of your personal assets. Also, filing automatically stays or stops all collection activities.

You do have to qualify for a Chapter 7 proceeding if your debts are primarily consumer and not business by proving that your income is low enough so that you cannot pay your debts. Your monthly income must be lower than the median income for your state. In California, the median income for a single individual is $47,798 and for two, $62,009. Otherwise, your disposable income must be low enough to qualify. This is determined by deducting your monthly expenses from your average monthly income over the past 6 months. If it is too high, you may still consider a Chapter 13 petition.

In any bankruptcy, you must list all of your debts, regardless if you plan on repaying a certain debt or not. You must also have not transferred any substantial property within 90 days of filing or within one year if such transfer was made to a relative or business partner or the court can void it. A list of your monthly expenses and assets is also required.

You are entitled to certain exemptions regarding your personal assets so that the trustee will not seize them for the benefit of your creditors. For example, you can exempt a motor vehicle, much if not all of your home equity, retirement accounts, bank accounts, furniture, tools of your trade and other items. Consult with our expert bankruptcy lawyer about what exemptions are available to you.

You must also take an approved credit counseling class before filing and a personal financial management class before your discharge. Most discharges occur about 4 months after you file. Your unsecured debts, such as credit cards and medical expenses, are dischargeable.

Chapter 13 Reorganization

If your disposable income is too high, or if you wish to continue operating your small business, or you face foreclosure of your home, then a Chapter 13 is an option. You must have a steady income, though, so that your debts, to some degree, are paid within either a 3 or 5 year plan. There are limits to the amount of secured and unsecured debt you have. Consult with your attorney if your debt is unusually high. The length of your repayment plan depends on your income. If it exceeds the state’s median, your plan will likely be 5 years.

A chapter 13 can save your home from foreclosure provided you can make your regular monthly mortgage payments while repaying your arrearages over the life of the plan. Any second mortgage would be discharged at the termination of the plan if all is otherwise successful. Further, you can have past due taxes, student loans and child support payments paid off within the plan as well.

Bankruptcy protection might be the relief you are seeking. Consult with an experienced bankruptcy attorney about your particular circumstances and to see if filing for bankruptcy is the right decision for you.


About Kern County

Kern County is a county spanning the southern end of the California Central Valley. Covering 8,161.42 square miles (21,138.0 km2), it ranges west to the southern slope of the Coast Ranges, and east beyond the southern slope of the eastern Sierra Nevada into the Mojave Desert. The population of Kern County was 839,631 in 2010, making it the eleventh most populous county in the state. Its county seat is Bakersfield. The county's economy is heavily linked to agriculture and to petroleum extraction. There is also strong aviation, space, and military presence, such as Edwards Air Force Base and China Lake Naval Air Weapons Station.

The area was claimed by the Spanish in 1769, and in 1772 Commander Don Pedro Fages became the first European to enter it, from the south by way of the Grapevine Canyon.

Kern County was the site of the Battle of San Emigdio, in March 1824, between the Chumash Indians of the Santa Barbara Mission who rebelled against the Mexican government's taking over mission property and ejecting the natives. This battle with Mexican forces from Monterey under the command of Carlos Carrillo took place at the canyon where San Emigdio Creek flows down San Emigdio Mountain and the Blue Ridge south of Bakersfield near today's Highway 166. It was a low-casualty encounter, with only four Indians killed, and no Mexicans; the surviving Indians were pacified and brought back to Santa Barbara in June 1824 after a pursuit and negotiation in which many were allowed to keep their arms for the return march over the mountains.

In the beginning, the area that became Kern County was dominated by mining in the mountains and in the desert. In 1855 an attempt to form a county in the area was made when the California legislature took the southeastern territory of Tulare County on the west of the Sierra Nevada Mountains for Buena Vista County, but it was never officially organized prior to 1859, when the time of the enabling legislation ran out. The south of Tulare County was later organized as Kern County in 1866, with additions from Los Angeles and San Bernardino Counties. Its first county seat was in the mining town of Havilah, in the mountains between Bakersfield and Tehachapi.

The flatlands were considered inhospitable and impassable at the time due to swamps, lakes, tule reeds and diseases such as malaria. This changed when settlers started draining lands for farming and constructing canals, most dug by hand by hired Chinese laborers. Within 10 years the valley surpassed the mining areas as the economic center of the county, and the county seat was moved as a result from Havilah to Bakersfield in 1874.

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