There is no single moment when bankruptcy becomes the right answer, but certain signs mean it is worth a free consultation now rather than later. If two or more of the situations below apply to you, talking to an attorney costs nothing and can stop problems from getting worse.
A lawsuit or a wage garnishment means a creditor has already moved past phone calls. In California a garnishment can take a significant share of each paycheck until the debt is paid. Filing bankruptcy triggers the automatic stay, which stops most garnishments and lawsuits. See stopping creditor calls for how this works.
Balance transfers and cash advances to cover minimum payments usually mean the debt is growing faster than you can pay it down.
If minimum payments take most of what is left after rent, food and transportation, the balances may never go down.
A Notice of Default starts California’s foreclosure timeline. Chapter 13 can stop a sale and give you up to five years to catch up. Read about foreclosure defense.
Money in most retirement accounts is protected in bankruptcy. Withdrawing it to pay credit cards can mean paying taxes and penalties on money you could have kept.
Once you hire an attorney, collectors must generally contact the attorney instead of you. Once you file, most collection must stop.
Many of the San Gabriel Valley families we help were current on everything until one event changed their income. Bankruptcy exists for exactly that situation.
We look at your income, your debts and your property, and tell you whether Chapter 7, Chapter 13 or a non-bankruptcy option fits. Clients come to our Arcadia office from Pasadena, Monterey Park, Rosemead and nearby cities.
About the author: Neil R. Hedtke is the attorney at Hedtke Law Group in Arcadia, CA (State Bar of California #273319, admitted 2010). A West Point graduate and U.S. Army veteran, he has filed about 3,000 bankruptcy cases. More about Mr. Hedtke.
Talk to an attorney in Arcadia. Free consultation at 255 E Santa Clara St, Suite 210, Arcadia, CA 91006. Call (626) 593-1558 or use the form below.
This article is general information, not legal advice for your situation.