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

If you are struggling financially and looking to speak with a Modoc 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 Modoc County

Modoc County is a county located in the far northeast corner of the U.S. state of California, bounded by the state of Oregon to the north and the state of Nevada to the east. As of the 2010 census, its population was 9,686, up from 9,449 at the 2000 census. The current county seat is Alturas, the county's only incorporated city. Previous county seats include Lake City and Centerville; the latter is now a ghost town. The county's official slogans include, "The last best place," and "Where the West still lives."

A large portion of Modoc County is federal land. Several federal agencies, including the United States Forest Service, Bureau of Land Management, National Park Service, Bureau of Indian Affairs, and the United States Fish and Wildlife Service, have employees assigned to the area, and their operations are a significant part of the economy and services in this rural area.

Modoc County is the only county in California to be bordered by both Nevada and Oregon, and is also one of three counties in California to border more than one state (the other counties being San Bernardino County, bordered by Nevada and Arizona; and Imperial County which borders Arizona and Baja California in Mexico). In California, this is the only almost rectangular county; there is a slight deviation around the Tule Lake National Wildlife Refuge.

Prior to the arrival of Europeans in the region, varying cultures of Native Americans inhabited the county for thousands of years. At the time of European encounter, the Modoc people lived in what is now northern California, near Lost River and Tule Lake. The county was named after them. The Achumawi (or Pitt River Indians, for which the Pit River is named), and the Paiute also lived in the area. To the north were the Klamath in present-day Oregon.

Modoc County was formed when Governor Newton Booth signed an Act of the California Legislature on February 17, 1874 after residents of the Surprise Valley region lobbied for the creation of a new county from eastern Siskiyou County land. The county residents considered naming the newly formed county after General Edward Canby, who had been killed the year before at peace talks in an ambush by Modoc. The idea of naming the county "Summit" was also considered, but the populace eventually settled on "Modoc"; the war was over and 153 of Captain Jack's band had been transported to Indian Territory as prisoners.

The county is very diverse geographically. The northwestern edge of the county is dominated by the Medicine Lake Highlands, the largest shield volcano on the U.S. West Coast. The Lava Beds National Monument lies partly within the northwest corner of the County. Also along the western edge of the county is the massive Glass Mountain lava flow. The southwestern corner of the county is a unique ecosystem of isolated hardwoods (oaks) and volcanic mountains with intermountain river valleys.

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