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BANKRUPTCY

We Help People File For Relief

Chapter 7 is commonly referred to as a "liquidation bankruptcy". Chapter 7 is the most common type of bankruptcy filed by individuals, with more than three-quarters of all bankruptcies filed being a Chapter 7. 

Common reasons why people file for Chapter 7 bankruptcy relief include:

  • Credit Card Debt;
  • Medical Debt;
  • To Stop a Lawsuit; and
  • To Stop a Wage Garnishment or Bank Levy.

There are many types of debt that are non-dischargeable in a Chapter 7.  Call us today at (530) 898-9600 to see if you are eligible for Chapter 7 relief.

Chapter 7 FAQs

Q:  How long does a Chapter 7 case take from beginning to end? 

A: A standard, no-asset Chapter 7 case will typically take four months from start to finish.

Q: Do I have to go to court? If so, do you go with me? 

A:  You will need to attend something called a "meeting of creditors." This takes place at the nearest federal courthouse approximately 30 days after your case is filed. A bankruptcy trustee (not a judge) will preside at the hearing, which you will attend with one of us.  Attorneys Steven Foster or Heather Siles will personally attend the hearing with you.  At Siles & Foster, P.C., we believe that you have hired an attorney for our expertise and experience and we would never send a "hearing representative", paralegal, or other staff member to represent you.

Q:  How do I know if I will qualify for a Chapter 7?

A:  To see if you qualify for a Chapter 7, attorneys will commonly complete what is called the "means test." The means test looks at your income over the six months preceding the anticipated filing date of your case. Certain IRS deductions are taken, as well as other qualified deductions to see what your estimated disposable monthly income looks like. Call us and we can complete the means test for you to help you determine your eligibility for Chapter 7.

Q:  If I file for Chapter 7, will I lose my [house/car/tax refund/etc]? 

A:  While a Chapter 7 is considered a "liquidation" bankruptcy, certain items called "exemptions" exist to help you protect your property. The vast majority of people are able to keep all of their belongings when they file for a Chapter 7, but every situation is different and you should contact an attorney before filing to see what kind of exposure you might face.

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