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Bankruptcy Overview

Filing bankruptcy chapter 7 or 13. What is bankruptcy? Which chapter is better for you given your circumstances?

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Foreclosure Defense

California's Home Owner's Bill of Rights,
wrongful denial of loan modification

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Chapter 7 Bankruptcy Gives You a Fresh Start

Knowledgeable and experienced Chapter 7 bankruptcy lawyers representing San Fernando Valley, Sherman Oaks, Van Nuys, and Los Angeles explain your options

The Law Offices of Juanita V. Miller in Sherman Oaks has nearly 25 years of experience representing personal and small business debtors in Chapter 7 proceedings. We go over your complete financial situation with you so that you can decide which options are appropriate for your personal and financial needs.

How to qualify for Chapter 7 bankruptcy

Chapter 7 is used by individuals who cannot pay their bills and who want to eliminate their debts and get a fresh start in life. Companies are able to liquidate their assets and terminate their businesses. Individuals must satisfy a means test to determine whether they should file under Chapter 13, requiring the repayment of debts over time, or Chapter 7.

In a personal Chapter 7 bankruptcy, certain debts are discharged to give you a fresh start. You have no liability for the discharged debts. Some types of debts, such as a lien on property, cannot be discharged, but you are allowed to keep property that falls under certain exemptions. An experienced bankruptcy lawyer has the knowledge to help you retain the maximum amount of your property under the exemption provisions. In most cases, individuals can keep their cars, and often their homes, as well.

In a small business Chapter 7 bankruptcy, debts are not discharged. Instead, the insolvent business is liquidated by a bankruptcy trustee, and the debts are paid with the business assets.

How the Chapter 7 bankruptcy process works

The process involves completing and filing a number of forms and providing additional information to the bankruptcy court, including:

  • Petition in bankruptcy

  • Schedules of assets and liabilities

  • Schedule of current income and expenditures

  • Statement of financial affairs

  • Schedule of executory contracts and unexpired leases

Individuals must also complete a credit counseling program.

It is usually not necessary to go to court. A bankruptcy trustee takes possession of your non-exempt assets and uses those assets to pay your secured creditors first. If there are assets remaining, they are used to pay your unsecured creditors.

Contact an experienced Chapter 7 bankruptcy attorney in San Fernando Valley

Doing a bankruptcy alone is like doing brain surgery on yourself. The Law Offices of Juanita V. Miller can help you with debt relief. Call us at (818)907-7467 or contact us online for a free initial consultation. We speak Spanish.

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14930 Ventura Blvd. Ste. 200,

Sherman Oaks, CA 91403.

(818) 907-7467

(213) 291-6990

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En Español

  • Capitulo 7
  • Capitulo 13
  • Defensa de Foreclosure
  • Otros Servicios
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  • Inmigracion

Blog Post

  • Chapter 7 - Liquidation
  • Chapter 13 - Re-organization
  • Loan Modification
  • Homeowner's Bill of Rights
  • Post Foreclosure Eviction
  • National Mortgage Settlement

The information on this website is for general information purposes only. Nothing on this page or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.The Law Offices of Juanita V. Miller Proudly Serves Southern California including the following cities and areas: Agoura Hills, Alhambra, Angeles Vista, Arleta, Artesia, Azusa, Baldwin Park, Bellflower, Beverly Hills, Boyle Heights, Burbank, Canyon Country, Carson, Cerritos, Chatsworth, CIty Terrace, Claremont, Commerce, Compton, Covina, Culver City, Downtown LA, Downey, Eagle Rock, East LA, El Monte, El Segundo, Flintridge, Foothill Division, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, HIghland Park, Highway Highlands, Hollywood, Industry, Inglewood, Irwindale, Korea Town, La Canada, La Cresenta, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lenox, Little Rock, Little Tokyo, Lomita, Long Beach, Los Padrinos, Los Angeles, Los Feliz, Los Nietos, Lynwood, Manhattan Beach, Marina Del Rey, Mission Hills, Montebello, Monterey Park, Montrose, North Hollywood, Northridge, Norwalk, Pacoima, Palmdale, Palos Verdes Estates, Paramount, Pearl Blossom, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Reseda, Rolling Hills Estates, San Fernando, San Gabriel, San Pedro, Santa Clarita, Santa Fe Springs, Santa Monica, Signal Hills, Sylmar, Temple City, Torrance, Valinda, Valley Village, Van Nuys, Ventura County, Verdugo City, Viewpark, Walnut, West Covina, West Hollywood, Westlake Village, Whittier, Wilmington, Woodland Hills.