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

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

Santa Cruz County, officially the County of Santa Cruz, is a county located on the Pacific coast of the U.S. state of California, on the California Central Coast. The county forms the northern coast of the Monterey Bay, with Monterey County forming the southern coast. As of the 2010 United States Census, its population was 262,382. The county seat is Santa Cruz. Santa Cruz County is a member of the regional governmental agency Association of Monterey Bay Area Governments and is one of 11 counties in the U.S. Census Bureau's definition of the San Francisco Bay Area Combined Statistical Area.

Santa Cruz County was one of the original counties of California, created in 1850 at the time of statehood. In the original act, the county was given the name of "Branciforte" after the Spanish pueblo founded there in 1797; a major watercourse in the county, Branciforte Creek, bears this name. Less than two months later on April 5, 1850, the name was changed to "Santa Cruz" ("Holy Cross").

The county is a strip about 10 miles (16 km) wide between the coast and the crest of the Santa Cruz Mountains at the northern end of the Monterey Bay. It can be divided roughly into four regions: the rugged "north coast"; the urban City of Santa Cruz, Soquel, Capitola, and Aptos; mountainous Bonny Doon, San Lorenzo River Valley; and the fertile "south county", including Watsonville and Corralitos. Agriculture is concentrated in the coastal lowlands of the county's northern and southern ends. Most of the coastline is flanked by cliffs.

Santa Cruz County was a Republican stronghold for most of the 20th century; from 1920 to 1972 the only Democrats to carry Santa Cruz were Franklin D. Roosevelt in 1932 and 1936 and Lyndon B. Johnson in 1964. But the opening of UCSC in 1965 caused the county's political landscape to dramatically change. Today, it is a strongly Democratic county in presidential and congressional elections. The last Republican to carry the county was Ronald Reagan in 1980, and the last Republican to win a majority in the county was Richard Nixon in 1968. The last Republican to represent a significant portion of Santa Cruz in Congress was Burt L. Talcott, who was defeated in 1976 by Leon Panetta.

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LOCATION DISCLAIMER: The Attorney Group has a main office in Anaheim Hills, California. All other addresses are local offices available on an advanced appointment basis for meetings and depositions.