Legal Question in Credit and Debt Law in California
Bankrupcy
I am up to my ears in credit card debt and personal loans. My husband it not working so I am doing all I can to pay the mortgage and my car so I can make it too and from work. I am thinking of filing bankrupcy but was told in the past that the laws have chaged and I will still have to pay even after filing. Does anyone know the new laws and what my options are?
1 Answer from Attorneys
Re: Bankruptcy
The new bankruptcy laws aren't as bad as you may have heard (although the process is slightly more complicated than before the 1995 amendments to the Bankruptcy Code).
Most of the changes in the law affect Chapter 7 BKs which would not be appropriate for you anyway. You might well benefit from a Chapter 13 which is for debtors with a regular income. While you two would still have to pay mortgage payments, many other types of debts can be fully or partially discharged, your car payments can be reduced, and the hit to your credit isn't even as bad as you might think.
I do handle Chapter 13s and I would be pleased to visit with both of you at your home or another location in your area (such as a restaurant or library) to discuss. Most of my fees would be payable in installments over the life of your Chapter 13 repayment plan which could last from three to five years.