Bankruptcy Restructuring

Bankruptcy Restructuring - Chapter 7 & Chapter 13 bankruptcy attorneys. Free consultation. Call (818) 514-7680.

California Bankruptcy Legal Services

Chapter 7 liquidation, Chapter 13 repayment plans, Chapter 11 business reorganization, and creditor rights representation. We help California residents and businesses navigate debt relief options, protect exempt assets, stop wage garnishments, and get a fresh financial start.

Free bankruptcy consultation: (818) 514-7680.

Fees, Costs and Case Results

Where representation is offered on a contingency basis there is no attorney fee unless we recover, and the firm advances case costs — filing fees, expert witnesses and medical records — which are then repaid out of any recovery. If there is no recovery, you owe no attorney fee. The specific terms that apply to a matter are set out in the written fee agreement for that matter.

Where this site refers to a verdict, settlement or court order, that result was dependent on the facts of that case, and results will differ if based on different facts. Past results do not predict or guarantee the outcome of any other matter, and no particular outcome is promised or guaranteed.

Frequently Asked Questions

What is Chapter 7 bankruptcy and who qualifies in California?
Chapter 7 bankruptcy, also called liquidation bankruptcy, eliminates most unsecured debts including credit cards, medical bills, and personal loans within 3-4 months. To qualify in California, you must pass the means test comparing your income to California median income levels. For 2025, a single person earning below $64,571 annually generally qualifies. If above median income, detailed expense analysis may still allow qualification. A Chapter 7 bankruptcy attorney can analyze your specific situation and determine eligibility under 11 U.S.C. § 707(b).
What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 eliminates qualifying debts quickly (3-4 months) through liquidation of non-exempt assets, ideal for those with limited income and few assets. Chapter 13 creates a 3-5 year repayment plan allowing you to keep property while catching up on mortgage or car payments. Chapter 13 is better for homeowners facing foreclosure, those with non-exempt assets to protect, or individuals above the Chapter 7 means test threshold. Our California bankruptcy attorneys help determine which chapter best fits your financial situation and goals.
How much does bankruptcy cost in California?
California bankruptcy costs include court filing fees ($338 for Chapter 7, $313 for Chapter 13) plus attorney fees. Chapter 7 attorney fees typically range from $1,500-$3,500 depending on complexity. Chapter 13 fees range from $3,500-$6,000, often paid through the repayment plan. Required credit counseling ($15-50) and debtor education ($15-50) courses add minimal costs. Fee waivers are available for those below 150% of poverty guidelines. Our firm offers transparent pricing and payment plans to make bankruptcy accessible.
Will I lose my house if I file bankruptcy in California?
California offers generous homestead exemptions protecting home equity in bankruptcy. Under the CCP 704 system, homestead protection ranges from $300,000-$600,000 depending on county median home prices. The CCP 703 system offers $31,950 per person (doubled for married couples filing jointly). If your equity falls within exemption limits, you keep your home in Chapter 7. Chapter 13 allows you to cure mortgage arrears over 3-5 years while keeping your home. A bankruptcy attorney can analyze your specific equity and recommend the best exemption strategy.
Can I keep my car in bankruptcy?
California allows motor vehicle exemptions protecting car equity. The CCP 704 system exempts $3,525 in vehicle equity (more for disabled individuals or those whose vehicle is necessary for work). The CCP 703 wildcard system offers $31,950 that can be applied to any property including vehicles. If your car equity exceeds exemptions, Chapter 13 allows you to keep the vehicle by paying its value through your plan. For vehicles owned over 910 days, cramdown provisions may reduce the secured debt to current market value.
What debts cannot be discharged in bankruptcy?
Certain debts survive bankruptcy under 11 U.S.C. § 523, including: most tax debts less than 3 years old, child support and alimony (domestic support obligations), student loans (unless undue hardship proven), debts from fraud or willful injury, criminal fines and restitution, and recent luxury purchases or cash advances. However, many people believe certain debts are non-dischargeable when they actually can be eliminated. A bankruptcy attorney can analyze your specific debts and determine what can be discharged.
How long does bankruptcy stay on my credit report?
Chapter 7 bankruptcy remains on credit reports for 10 years from filing date. Chapter 13 stays for 7 years from filing. However, the practical impact diminishes over time. Many clients see credit score improvements within 1-2 years post-discharge as debt-to-income ratios improve and positive payment history accumulates. Most can qualify for mortgages within 2-4 years after bankruptcy. Our attorneys provide post-bankruptcy credit rebuilding guidance to help you recover financially.
Will bankruptcy stop foreclosure on my home?
Yes, filing bankruptcy immediately triggers the automatic stay under 11 U.S.C. § 362, halting all foreclosure proceedings. Chapter 13 bankruptcy is particularly powerful for saving homes, allowing you to cure mortgage arrears over 3-5 years while making current payments. Chapter 7 provides temporary relief but does not cure arrears. Timing is critical—filing before the foreclosure sale preserves your rights. Contact a bankruptcy attorney immediately if facing foreclosure to explore all options.
What is the automatic stay in bankruptcy?
The automatic stay is an immediate court order that stops most collection actions the moment you file bankruptcy. It halts foreclosures, repossessions, wage garnishments, lawsuits, utility shutoffs, IRS/FTB collection, and creditor harassment. Creditors violating the stay face contempt sanctions and damages. The stay continues until your case is discharged, dismissed, or a creditor obtains relief from stay. This powerful protection gives you breathing room to address your financial situation.
What is the 341 Meeting of Creditors?
The 341 Meeting (named after Bankruptcy Code Section 341) is a required hearing approximately 30-40 days after filing. You meet with the bankruptcy trustee (not a judge) who asks questions under oath about your finances, assets, and bankruptcy schedules. Creditors may attend but rarely do in consumer cases. The meeting typically lasts 5-10 minutes. Your bankruptcy attorney attends with you and prepares you for common questions. Most 341 meetings proceed smoothly with proper preparation.
Can I file bankruptcy without my spouse?
Yes, you can file individual bankruptcy even if married. However, in California (a community property state), your spouse's community property obligations may be affected. Your spouse's separate property remains protected. Joint debts may still be collected from the non-filing spouse. Often, joint filing makes sense to discharge community debts completely, but individual filing is appropriate in many situations. A bankruptcy attorney can analyze whether individual or joint filing better serves your goals.
How do California bankruptcy exemptions work?
California offers two exemption systems: CCP 704 (System 1) and CCP 703 (System 2). You must choose one system—you cannot mix and match. System 1 (704) offers higher homestead exemptions ($300,000-$600,000) but limited wildcard. System 2 (703) offers lower homestead ($31,950) but a generous wildcard ($31,950) applicable to any property. The best choice depends on your assets, particularly home equity. Our bankruptcy attorneys analyze your specific assets to recommend the optimal exemption strategy.

Contact Trembach Law Firm

Trembach Law Firm, APC

27001 Agoura Road, Suite 350, Calabasas, CA 91301

Phone: (818) 514-7680

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