Robert Lee Hamilton Attorney at Law 448 Redcliff Drive, Suite 233 Redding, California 96002
. GET A FRESH START: Filing for bankruptcy can be difficult — financially, legally,
and emotionally. Deciding to take back control of your finances is the first and most important step --- finding
a capable attorney who will work tirelessly on your behalf is the next.
Talk to an attorney about
your bankruptcy concerns today. The Law Offices of Robert Lee Hamilton offers a comprehensive range of bankruptcy guidance
and services to clients in Redding, Anderson, Cottonwood, Red Bluff, Chico, Corning, Willows, Orland, Oroville, Weaverville,
Shingletown, Burney and throughout the surrounding areas of Northern California, including the counties of Shasta, Trinity,
Tehama, Butte, Lassen, Modoc, Siskiyou, Plumas, and Glenn Counties.
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Basic timeline of a Chapter 7 Bankruptcy
case: 1. First consultation
with bankruptcy attorney to discuss financial and legal situation.
2. Provide documents to bankruptcy attorney for use in preparation of bankruptcy schedules (these papers are not needed at
the first consultation). - credit card and loan statements,
other bills
- drivers license
- social security card
- green card
- bank account statements for past 6 months
- vehicle registration
- paycheck stubs or print out for
past 7 months
- tax returns for the last 3 years
3. Set appointment to review and sign bankruptcy schedules. 4. Filing your bankruptcy case by bankruptcy attorney
with Clerk of Bankruptcy Court (filing of case stops most creditor actions against you). 5. Attend creditors' meeting ("341 meeting") at Federal Building
(about 4-6 weeks after filing your case). Bring original social security card, driver's license, and most recent pay
stub. 6. Discharge of Debt (about 4-months
after filing of case), mailed to you by the Clerk of the Court.
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We are a debt relief agency. We help people file for bankruptcy relief under the
Bankruptcy Code.
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Although qualified
to handle all aspects of a general law practice, I focus on THREE areas of law:
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- BANKRUPTCY
- EVICTION ISSUES (Landlord-Tenant)
- FORECLOSURE
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Filing for bankruptcy under Chapter 13
basically provides you with some much-needed financial breathing room while putting a workable plan in place that allows you
to repay some or all of the debt you owe over a period of three to five years. Chapter 13 bankruptcy is more complex and takes
longer than a Chapter 7, it also requires more work from both you and your attorney. At the Law Office of Robert Lee Hamilton, we custom tailor the complex Chapter
13 process to fit your needs. Chapter
13 Bankruptcy Facts:
Very few of the consumer bankruptcy filings in Northern
California are done under Chapter 13. It is usually used by people who have a regular source of income and who,
for various reasons, cannot or do not want to use Chapter 7. Essentially, Chapter 13 is used by people to reorganize debt
while under the protection of the Bankruptcy Court. And unlike Chapter 7, it does not involve the forced sale of your property
by a bankruptcy trustee. Other
facts about Chapter 13 bankruptcy include: - Chapter
13 is also used by individuals who do not have mortgage problems, but who do have credit card, loan, medical bill or similar
problems. In such cases, a Chapter 13 Plan is often proposed with monthly payments over 3 or 5 years sufficient to pay a portion
of the debt that you owe to these unsecured creditors.
- Chapter
13 is often used is stop a mortgage foreclosure and propose a plan to bring mortgage payments up-to-date. During the first
phase of a Chapter 13 plan (typically the first 4 years), the mortgage is caught up-to-date. During the second phase of the
plan (typically another year), you pay your mortgage payments directly to the mortgage company and continue with monthly payments
to the Chapter 13 Trustee in an amount sufficient to pay a dividend to your unsecured creditors.
- The payments under a Chapter 13 plan are made to the court-appointed Chapter 13 Trustee —
not directly to your creditors.
- A certain amount of disposable
income and a reasonable standard of living are factored into the three - or five -year reorganization plan.
- It is often thought that if you do not qualify for Chapter 7, you will automatically
qualify for Chapter 13. This is not always true. If this is the case for you, we will explain the non-bankruptcy alternatives
and help you obtain the debt relief you need through those other means.
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