FAQ

Can I file bankruptcy more than once?

You can file bankruptcy more than once, although, depending on the type of relief you seek you may have to wait some time. For example, you cannot file for Chapter 7 until 8 years pass from the last time you had a Chapter 7 discharge. The wait to file Chapter 7 is shortened to 6 years if your prior bankruptcy was a Chapter 13. You can file for Chapter 13 anytime after a Chapter 7 discharge but you may not be entitled to a discharge unless you’ve waited for 4 years since your Chapter 7 discharge. You can file for Chapter 13 after a prior Chapter 13, however, you may not have a discharge unless you wait 2 years from the prior Chapter 13.

Can I file for bankruptcy without my spouse?

You most certainly can file for bankruptcy without your spouse.

Can I stop a foreclosure?

Yes we can usually stop foreclosure. There always exceptions to the rule but we are typically able to stop foreclosure the day before a sale date.

Do I qualify for bankruptcy?

Whether you qualify depends on your circumstances. Qualifying for bankruptcy isn’t a “one-size-fits-all” analysis. It’s important to speak to the experienced attorneys at Vokshori Law Group to assess your eligibility as well as whether you stand to benefit from bankruptcy.

Can I file for bankruptcy without my spouse?

Credit card debt can be eliminated through the bankruptcy process, whether it’s through Chapter 7 or Chapter 13.

How do I qualify for bankruptcy?

Qualifying for bankruptcy is contingent on a number of variables such as your income, the extent of your debt, whether you filed for bankruptcy in the past and other variables. It’s important to consult the experienced attorneys at Vokshori Law Group to assess whether you’re qualified.

How do I qualify for bankruptcy?

How does foreclosure work and how long does it take?

Foreclosures often begin when a borrower falls behind on his or her mortgage payments. The loan then becomes delinquent and the homeowner goes into default. This default status continues for about 90 days and during this time, the lender will attempt to get in touch with the borrower to see whether or not the default can be cured. If the borrower is unable to pay, after 3 months, the bank can officially set a date for the auction of the home. If this happens, the borrower will be notified through a Notice of Trustee Sale which is typically sent via certified mail and often posted on the front door of the property in question. After the Notice of Sale has been received, the bank is able to set a date for auction, but will need to wait at least 20 days after the Notice of Sale has been sent to the homeowner. The majority of California foreclosures are non-judicial, which means that the bank does not have to go through a court to foreclose.

Can I get a loan modification while filing bankruptcy?

Although many services have different guidelines, most will review a file for a loan modification while in an active bankruptcy. The criteria would be the same as those who are applying for a modification and not in bankruptcy; however, the difference is that, if approved, court permission would be necessary to complete the process.

Can I transfer my property to avoid bankruptcy?

Transferring property isn’t a method of avoiding bankruptcy. Your creditors have ample methods of collecting from you, even if you transfer your assets.

How can I avoid bankruptcy?

There are various ways to deal with one’s creditors without going through the bankruptcy process. One can consolidate their debt, but in that situation a new debt is incurred to service existing debt. Another option is to negotiate with creditors for a settled amount, but that approach may result in tax consequences for the forgiven debt and may require having substantial monies available to pay off settled claims.

How do I file for bankruptcy in California?

You can file for bankruptcy with representation by counsel, like the attorneys at Vokshori Law Group, assistance from a bankruptcy petition preparer or through doing it completely on your own. Bankruptcy is very complicated and doing it on your own or through the assistance of a bankruptcy petition preparer who isn’t legally authorized or qualified to provide you legal advice can lead to very serious and costly problems.

How long does bankruptcy take?

Bankruptcies generally vary in length. A chapter can typically range from 90-120 days whereas a Chapter 13 bankruptcy can last anywhere from 3-5 years.

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