Bankruptcy in California
♫ Tuesday, March 1st, 2011Aside from these specific items, California bankruptcy law are also applicable to credit after bankruptcy, re-establishing credit, credit card debt, foreclosures, repossessions, and garnishments, taxes and bankruptcy. You will also find specific rules on discharge of personal debts as well as corporate asset liquidation and reorganization.
Oftentimes, bankruptcy is spelled incorrectly like bankruptsy, bankrucpy, or bankrupcy. Not with standing the spelling, the term “bankruptcy” usually abides with a particular definition. It is known as the state of inability to pay debts as these become due, or the state of having more debts as compared to assets. This terminology was derived from a medieval term that means “broken table”. This explains the situation where those merchants selling wares on tables who are unable to pay and get their tables broken by those who were not paid by them.
In every bankruptcy proceeding as dictated by federal law, the debtor goes through a liquidation of assets or reorganization under the supervision of the court. This will tend to be beneficial for the creditors or those whom the debtor owes money from. The debtor is then stripped of his debt by virtue of a “discharge”. This means that the debtor’s property that will be known as “the bankruptcy estate” will then fall under bankruptcy proceedings.
The law that covers most of the bankruptcy process is known as “the Bankruptcy Code”. The cases are filed with the federal court in all states to ensure uniformity of actions. There may be some distinctions in each state especially to those referring to exempted assets as well as to the nature and extent of a interest and other matters relating to the debtor’s property. It is thus best to consult with a local bankruptcy attorney to explain the applicable laws to your particular situation.
Chapter 7 bankruptcy in California requires that the debtor voluntarily file the case. But there may be instances where creditors are allowed to resort to involuntary bankruptcy cases against their debtors. This is especially true for debtors who fail to pay debts on time. But involuntary bankruptcy cases do not occur often, as these are only available when there are 3 or more creditors with at least $10,000.00 total amount of debts. These can also be filed in cases where there are about 12 total numbers of creditors, which enables one creditor who is collecting about $10,000.00 to file the involuntary bankruptcy case.
When you are contemplating bankruptcy, you will need to find a bankruptcy attorney. If you are seeking bankruptcy help in Sacramento, the experience lawyers at Northern California Law Center can help you every step of the way in the Bankruptcy Process.
At Northern California Law Center, P.C., they are committed to providing excellent service and affordable legal representation. They provide clients with individual attention, direct access to our lawyers, and open communication regarding the status of their cases. Their philosophy emphasizes our respect for each of our client’s unique and difficult situations, and they tailor their representation to suit you and your financial needs.
If you or your family is facing a legal challenge in the area of family law or bankruptcy, have estate planning needs, or need legal assistance related to corporate or consumer law issues, they can help you. For your convenience, they offer a free initial consultation and payment plans. To schedule a consultation with a bankruptcy attorney in Sacramento, contact the Northern California Law Center, P.C. by e-mail, or call them.
