Bankruptcy Attorney in Irvine CA


If you are unable to pay your bills and the debt is mounting, then bankruptcy may be a good way to get debt relief. At Briles Law Group, in Irvine, we can help you explore your options, make a decision and move forward. Call 877-926-1937 to arrange a free consultation with an experienced lawyer.

Bankruptcy As A Fresh Financial Start

The bankruptcy laws were designed to give debtors a "fresh start." There are many different chapters under which you can file a bankruptcy. However, the most common are CHAPTER 7 and CHAPTER 13.

A Chapter 7 discharge releases you from personal liability on most debts. To ensure that your case is properly filed and exemptions plead, you should always consult with competent legal counsel. In this chapter, a creditor may no longer attempt to collect a discharged debt. But not all of an individual's debts are discharged in Chapter 7. Debts not discharged include debts for alimony and child support, taxes, most student loans, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated, and debts for certain criminal restitution orders. The debtor will continue to be liable for these types of debts to the extent that they are not paid in the Chapter 7 case. Debts for money or property obtained by false pretenses, debts for fraud while acting in a fiduciary capacity, and debts for willful and malicious injury by the debtor to another entity or to the property of another entity will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable.

If a Chapter 13 is a better option, you will make plan payments to the Chapter 13 trustee for a typical period of three to five years. After all plan payments are made, a discharge will release you from further liability on most debts. The discharge in a Chapter 13 case is somewhat broader than in a Chapter 7 case. Debts dischargeable in a Chapter 13, but not in Chapter 7, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay nondischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

CALL TODAY FOR A FREE CONSULTATION! Our California attorneys can help you determine whether you are a good candidate for filing and under which chapter. Or, if you prefer, complete the online form.