Exeter, CA Bankruptcy Law Firms & Lawyers

Can't tell you if you should file a bankrutpcy case because it depends on your income and amount of property you own. However, if you are eligible for either Chapter 7 or Chapter 13 then you discharge the credit card and medical bills debts. The student loans are extremely difficult to discharge unless you are permanently able to pay due to a serious disability or other special reason and it is costly to have that litigated in bankruptcy court. If your medical bills are growing then you might want to wait to file until you are through with the treatment and have all the bills because you cannot file another bankrutpcy case and get a discharge for years.

The month's rent is deposited with the Clerk of the Court, not with the Trustee. Otherwise, the law is enforced, but the Sheriff's Office usually asks the attorney for the landlord how to proceed and the landlord needs to have a knowledgeable attorney who will give confident instructions to the Sheriff. In other words, if the Debtor has not made the deposit timely, the Attorney should instruct the Sheriff to proceed with the eviction. The Attorney has to follow the law very carefully, though, as getting it wrong can expose the landlord and probably also the attorney to sanctions from the Bankruptcy Court. Attorney for the Debtor should also follow the law very carefully to ensure the debtor enjoys the protections afforded by the Bankruptcy Code.

If the debt in question was made before you filed bankruptcy, it would be covered by the bankruptcy discharge. You might have to pay a % of the amount you paid to other unsecured creditors but unless the circumstances are exceptional, you can't file Chapter 7 until 8 years have elapsed since you filed your Chapter 13.