Anaheim Bankruptcy Lawyers Offer Experienced Legal Guidance

California attorney helps clients escape crushing debt

Declaring bankruptcy may seem like a scary prospect, but it need not be. At Marlin Branstetter Attorney at Law in Anaheim, I use my nearly 40 years of practice experience to effectively guide Southern California consumers through every step of the bankruptcy process, from filing to final discharge. I will fully analyze your situation and provide succinct advice for attaining the best debt relief solution for your specific situation. 

Orange County lawyer helps relieve debtors’ financial and emotional stress

In my four decades of practicing bankruptcy law, I have developed a strong reputation for:

  • Compassionate counsel — You will receive empathetic understanding and support throughout your bankruptcy case.
  • Hands-on service — I will personally handle every aspect of your case to ensure an effective resolution.
  • One-on-one guidance — You will never be treated as just another case—I will carefully examine your situation and provide a tailored solution to meet your specific needs.

My law firm develops thorough bankruptcy strategies with a view toward immediate and long-term consequences.

The benefits of bankruptcy

If you’re suffering from heavy debt and pressure from creditors, bankruptcy can provide you with a fresh start. Once you file your bankruptcy petition, creditors can no longer hound you. Debt collection actions must stop, including repossessions and home foreclosures. In the course of the case, debts may be discharged (eliminated) or they may be restructured to make payments more manageable. I will advise you how bankruptcy may benefit you in your particular situation. 

Types of bankruptcy solutions

There are two main types of bankruptcy for individuals, designated as Chapter 7 and Chapter 13.

In a Chapter 7 bankruptcy, most debts are fully discharged. Although some of the debtor’s assets may have to be liquidated to pay back creditors, there are statutory exemptions that protect most personal and household belongings as well as a portion of home equity. To qualify for Chapter 7, you must pass the “means test,” which looks at your income and expenses in order to determine whether you have disposable income that could be applied to repaying debt. 

If you do not qualify for Chapter 7, you may be able to file a Chapter 13. Also known as a wage earner’s plan, Chapter 13 lets you repay a portion of your unsecured debt over a three- or five-year period. Once you have completed the approved repayment plan, most debts that remains are discharged. 

The process for filing bankruptcy in California

A bankruptcy case begins with the debtor filing a petition with the bankruptcy court, supporting by required information about income, assets and debts. Upon the petition’s filing, an automatic stay goes into effect, which prevents all collection action by creditors. What happens next depends upon the type of bankruptcy. Whether you file Chapter 7 or Chapter 13, I can assist you through every step in the process with the goal of achieving the best outcome possible. 

Avoiding foreclosure with bankruptcy

As soon as you file a bankruptcy petition, an automatic stay goes into effect that stops all collection actions, including foreclosure. Depending on your equity in the home and other factors, you might be able to keep your home in a Chapter 7 by using available statutory exemptions. In a Chapter 13, you are allowed to make up your mortgage delinquency over time and can keep the home if you make regular mortgage payments going forward. I have extensive experience advising homeowners on the best ways to avoid foreclosure and restructure their mortgage payments.

The impact of bankruptcy on your credit

Although bankruptcy is meant to give a debtor a fresh start, your credit score will initially be lowered. In addition, a bankruptcy stays on your credit report for 10 years if you file a Chapter 7 or seven years if you file a Chapter 13. However, there are ways to rebuild your financial standing after a bankruptcy. 

Contact a dedicated Anaheim bankruptcy lawyer for help

At Marlin Branstetter Attorney at Law in Anaheim, I deliver attentive and effective legal services to Californians needing debt relief through bankruptcy. To schedule a time to speak with me, call 714-276-8589 or contact me online.