Filing Bankruptcy In Santa Ana, CA | Types, Costs, And Advice
If you’re considering filing bankruptcy in Santa Ana, CA, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.
Am I Qualified for Bankruptcy?
For individuals and businesses in Santa Ana, CA, the decision to file for bankruptcy is a serious one. Before considering this option, it’s vital to know if you’re qualified. Qualifications for bankruptcy vary depending on the type of bankruptcy you’re considering.
In most cases, there is no minimum debt requirement. However, certain types of bankruptcy, such as Chapter 13, require you to have a regular income to develop a repayment plan. The main considerations are:
- Means Test: For Chapter 7 bankruptcy, you must pass a means test. This test evaluates your monthly income against the median income of a similar-sized household in California. If your income is below the median, you can file for Chapter 7. If it’s above, you might be limited to other bankruptcy options.
- Credit Counseling: Before filing for any type of bankruptcy, you are required to complete a credit counseling course from a recognized agency within 180 days before filing.
- Previous Bankruptcies: If you’ve filed for bankruptcy in the past, there may be time restrictions before you can file again.
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Do You Need a Lawyer to File For Bankruptcy in Santa Ana, CA?
While it’s technically possible to file for bankruptcy on your own (known as “pro se”), it’s strongly recommended to hire an attorney. Here’s why:
- Complex Process: The bankruptcy process can be intricate, with numerous forms to fill out and strict deadlines to meet.
- Legal Expertise: A bankruptcy attorney understands the laws specific to Santa Ana, CA, and can provide legal advice on which type of bankruptcy is right for you and how to best protect your assets.
- Negotiating with Creditors: An attorney can deal with your creditors on your behalf, potentially reducing the stress and anxiety associated with the process.
- Avoiding Mistakes: Errors in the bankruptcy process can result in your case being dismissed, meaning your debts won’t be discharged. An attorney can ensure that everything is done correctly.
Cost to File Chapter 7 Bankruptcy in Santa Ana, CA
Chapter 7 bankruptcy, also known as “liquidation bankruptcy”, has several associated costs:
- Filing Fee: The filing fee for Chapter 7 bankruptcy in California is $398. However, this fee may be subject to change.
- Attorney Fees: While these fees can vary, the average cost for an attorney in Santa Ana, CA, might range between $1,200 to $2,800 for Chapter 7. The complexity of your case can affect this rate.
- Credit Counseling and Debtor Education Courses: These are mandatory, and each course can cost between $25 and $60.
Cost to File Chapter 11 Bankruptcy in Santa Ana, CA
Chapter 11, often used by businesses and some individuals with significant assets, tends to be more complex and expensive:
- Filing Fee: The fee for Chapter 11 bankruptcy in California is approximately $1,998, though this might change.
- Attorney Fees: Given the complexity of Chapter 11 cases, attorney fees can be substantial, often ranging from $12,000 to $55,000 or more, depending on the intricacy of the case.
- Additional Expenses: There are administrative fees and costs associated with restructuring, which can vary.
Cost to File Chapter 13 Bankruptcy in Santa Ana, CA
Chapter 13 bankruptcy allows individuals to develop a plan to repay their debts over three to five years:
- Filing Fee: The filing fee for Chapter 13 in California is $393. This fee is subject to updates.
- Attorney Fees: Attorney fees for Chapter 13 in Santa Ana can range between $3,200 and $6,400. Some parts of these fees can be included in the repayment plan.
- Credit Counseling and Debtor Education Courses: These are mandatory, and each course can cost between $25 and $60.
In conclusion, if you’re considering bankruptcy in Santa Ana, CA, it’s essential to understand the qualifications, the benefits of hiring an attorney, and the associated costs. Always consult with a local attorney to get the most accurate and up-to-date information for your specific situation.
Reliable Bankruptcy Attorneys in Santa Ana, CA
Below is a list of reputable bankruptcy attorneys in Santa Ana, CA. They can help you with both personal and business bankruptcy information.
Tran Bankruptcy Law
1633 E 4th St #214, Santa Ana, CA 92701, United States
1st California Law Inc.
2090 N Tustin Ave #240, Santa Ana, CA 92705, United States
Fitzgerald & Campbell
400 N Tustin Ave # 401, Santa Ana, CA 92705, United States
Michael D. Franco – Orange County Bankruptcy Attorney
1800 N Broadway Ste 200, Santa Ana, CA 92706, United States
Santa Ana, CA Zip Codes We Proudly Serve:
92606, 92614, 92701, 92703, 92704, 92705, 92706, 92707, 92780, 92866, 92868