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California Bankruptcy Attorney

California Bankruptcy Attorney

Seasoned California Bankruptcy Attorney Provides Legal Guidance and Advocacy to Clients Facing Financial Difficulties in Sacramento County, El Dorado County, Placer County, Solano County, Yolo County, and Throughout CA

For some people, financial debts become too large to handle with one’s assets and income. People can find themselves in serious financial trouble through no fault of their own, such as when they lose a job or require expensive medical care for a health emergency. At some point, bankruptcy represents a lifeline to those struggling under crushing debt, giving them a path towards resolving those debts and working towards financial health. When your debts have become too much for you, a California bankruptcy attorney can help you explore and pursue your legal rights and options.

At Cianchetta & Associates, we have been through difficult legal and personal issues. Our firm is here to help people resolve their problems. With over 19 years of legal experience, founding Attorney Peter Cianchetta has worked diligently to provide the legal expertise and advocacy that those facing bankruptcy need during this important moment. Attorney Cianchetta is a member of the Bankruptcy and Commercial Law Section of the Sacramento County Bar Association, as well as a member of the National Association of Consumer Bankruptcy Attorneys.

If you are considering filing for bankruptcy, contact our firm today for an initial case evaluation to learn more about your legal rights and options for getting your debts under control and having the chance at a fresh start in your financial life. 

Types of Bankruptcy Cases

Federal bankruptcy law provides several different forms of bankruptcy:

  • Chapter 7 bankruptcyAlso known as liquidation bankruptcy, Chapter 7 bankruptcy can be used by both individuals and businesses. In Chapter 7, a debtor sells most of their assets to generate funds that are used to pay creditors. Under state or federal law, debtors may be allowed to keep certain assets from being sold. At the end of the bankruptcy, all unsecured debts are discharged. Chapter 7 may only be used by debtors who have insufficient disposable income to repay some or all their debts.
  • Chapter 11 bankruptcy – A form of bankruptcy typically used by businesses to reorganize and continue operations while paying off debts. A Chapter 11 debtor must come up with a plan for reorganizing their business operations (which usually involves selling off assets or closing down unprofitable lines of business) and paying back creditors. Chapter 11 might also be used by certain high-net worth individuals. 
  • Chapter 12 bankruptcy – A form of reorganization bankruptcy available to family farmers and fishers that allows them to avoid foreclosure or selling their land or equipment.
  • Chapter 13 bankruptcy Also called a “wage earner’s” bankruptcy, this is the form of reorganization bankruptcy used by most individuals. In Chapter 13, a debtor gets to keep their assets. Instead, the debtor proposes a three to five year plan to repay some or all their debts. Any outstanding balances on unsecured debts at the end of the repayment may be discharged by the court. 

What a California Bankruptcy Attorney from Cianchetta & Associates Can Do to Help You Through the Bankruptcy Process

Even when you are facing a mountain of debt, you have a path forward. A California bankruptcy attorney from Cianchetta & Associates can help you resolve your financial troubles by:

  • Sitting down to discuss your current financial and personal situation and your preferred objective.
  • Advising you as to your options for resolving your debts, including your eligibility for filing for bankruptcy and which chapter of bankruptcy may be best for you, as well as the assets you may be eligible to keep in bankruptcy and which debts of yours will survive bankruptcy.
  • Gathering all necessary financial information to help prepare your bankruptcy petition, as well as your bankruptcy plan if filing for reorganization bankruptcy.
  • Ensuring that your petition is correctly prepared to avoid delaying relief from a dismissal.
  • Representing you during all bankruptcy hearings, including court hearings, meetings with the bankruptcy trustee, and creditors’ meetings.
  • Protecting your rights and interests and providing you with the advice and assistance you need during the term of your bankruptcy plan (if applicable).

Contact Cianchetta & Associates Today to Get Legal Assistance and Representation for Your Bankruptcy Matter

When you are facing significant debts and other financial pressures, bankruptcy might be your best chance at relief. Reach out to Cianchetta & Associates today for a confidential consultation to learn how a California bankruptcy attorney from our firm can guide you through your options and help you pursue the best path towards a debt-free life. 

Frequently Asked Questions about Bankruptcy in California

FAQ: Do you need a lawyer to file bankruptcy?

Although you are not required to hire an attorney to file a bankruptcy petition with the court, hiring a California bankruptcy attorney can make the bankruptcy process much smoother for you and give you a better chance at successfully getting through bankruptcy and starting on the path toward financial health. A lawyer can walk you through your options in bankruptcy or even help you to determine if bankruptcy represents the best option for you to deal with your debt. An attorney can also ensure you understand what to expect at each stage of a bankruptcy case. A bankruptcy attorney can also gather the financial information required for your bankruptcy petition and prepare your petition, making sure that your bankruptcy case is not dismissed by the court for avoidable errors. 

FAQ: How much does a bankruptcy lawyer cost?

There are multiple factors that affect how much it might cost to hire a bankruptcy lawyer for your case, including what kind of bankruptcy you file for, the total amount of your debt, the number of creditors you have, whether you are facing an emergency such as foreclosure or repossession, and whether creditor objections or adversary proceedings are anticipated in your case. In many cases, a bankruptcy lawyer will charge a flat fee for preparing and filing a bankruptcy petition, with any additional litigation subject to hourly fees. In addition, legal fees typically must be paid upfront in Chapter 7 bankruptcy cases, while fees in Chapter 13 cases are subject to court guidelines and may be paid as part of your repayment plan. 

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Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!

- Jack M.
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