Bankruptcy Lawyers in Sacramento, California 95823

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CA Bankruptcy InformationBankruptcy Lawyers Serving Sacramento, California

 

If you're going to pay for a bankruptcy lawyer, make sure you get a good one. Just because someone is a lawyer does not mean they are knowledgeable about bankruptcy law. Do your homework before you hire someone.

Someone claiming to be a bankruptcy lawyer should be able to point to experience and deep knowledge of the specialized law of bankruptcy, and specifically, your local court. Like tax law, bankruptcy is a specialty.

Most bankruptcies are routine for someone who has done many of them. Chances are very good that an experienced bankruptcy attorney has seen your situation many times before. The lawyer you choose should be able to advise you on the best way to proceed with your bankruptcy given your assets, your debts, your secured debts, whether there are cosigners, and other issues.

Legal Aid in California

If your income is low, you may be able to get bankruptcy representation through your local legal aid organization.

Listing of free legal services in California

(Current income guidelines to qualify for legal aid.)

Listings of Bankruptcy Attorneys serving Sacramento, CA

 

Nolo Lawyer Directory

Nolo offers lawyer profiles and asks the attorney whether they're open to the idea of working with people who have read up on the subject of bankruptcy.

 

 

Google Maps / Local Search

Click the link below to show a map of the Sacramento area with pointers to the offices of bankruptcy attorneys.

Google Map of bankruptcy attorneys in the 95823 area

 

 

FindLaw (West) Lawyer Directory

This service features advertisements by lawyers in the West Legal Directory.

FindLaw.com (West/Thomson)

 

Lawyers.com (Martindale Hubbell)

This directory is from the Martindale Hubbell lawyer directory. This website offers profiles of listed lawyers and lets you select several and compare their listings.

Lawyers.com (Martindale Hubbell) (listings for all of Sacramento County)

 

Limited Lawyer Help for a reduced fee.

Another option is limited help from a lawyer combined with the services of a bankruptcy petition preparer. If you live in California, see www.bankruptcylawproject.com for more information about their "Affordable Attorney Advice" service, which, for a flat rate of $100 for anyone using Nolo’s book How to File for Chapter 7 Bankruptcy, will answer all questions that may arise in the course of your bankruptcy, but not actually file bankruptcy for you.

Using Non-Lawyers to help you

See this blog post on Using Non-Lawyers to Help You With Your Bankruptcy.

 

Other Bankruptcy Services


Credit Counseling ::Bankruptcy Petition Preparers 

Credit Counseling

Before you file for bankruptcy, you must get credit counseling, and get a certificate proving that you have done so. You MUST use one of the approved counseling agencies for your court district.

There are many shady credit counseling agencies that advertise heavily on TV and other media. They call themselves non-profit, are really just fronts for profit making businesses and are designed to funnel people into dead-end payment plans that do little for the consumer. Indeed 40% of the industry has been targeted by the IRS to remove their non-profit status [NPR Report] [SFGate article].

The FTC has published a "Consumer Alert" pamphlet for debtor thinking about bankruptcy warning about shady credit counselors and how to protect yourself from falling victim to one. You can download the pamphlet here.

Again, be sure to use only a credit counselor that is on the approved list of counselors for your court district.

Even assuming you're using a legitimate credit counselor, many bankruptcy lawyers consider the credit counseling requirement a scam, because "it so seldom produces any meaningful settlement, provides no protection to the consumer while the money is accumulating, and lines the pockets of the organization in the meantime."

A recent GAO report to Congress stated that:

"The value of the credit counseling requirement is not clear. The counseling was intended to help consumers make informed choices about bankruptcy and its alternatives. Yet anecdotal evidence suggests that by the time most clients receive the counseling, their financial situations are dire, leaving them with no viable alternative to bankruptcy. As a result, the requirement may often serve more as an administrative obstacle than as a timely presentation of meaningful options."
- source: Government Accounting Office tesimony before the House Subcommittee on Commercial and Administrative Law, May 1, 2007

Form Preparation Services (BPPs)

Bankruptcy Petition Preparers are non-lawyers paid by consumers to prepare bankruptcy documents, for filing in court.

Anyone can be a BPP, provided they comply with the rules governing BPP practice contained in the bankruptcy code.

Customers who use a BPP are representing themselves in the bankruptcy court. This means they are responsible for making the choices required of them in their case. They must also provide the BPP with complete and accurate information to be entered in the documents.

Because BPPs are not lawyers, their customers must obtain necessary legal information and advice from an independent source such as a self-help law book or a lawyer.

Think of it this way, A BPP's customers are their own lawyers and the BPP is their legal secretary. The customers have to be sufficiently informed to tell the BPP what to do.

To find a BPP near you, try the National Association for Legal Document Preparers. Their searchable list of providers can be found here.

What BPPs Can't Do

Lawyers have jealously guarded their turf when it comes to bankruptcy. Lawyers already lost this battle in the area of tax preparation. Today, non-lawyer tax preparers openly advertise the good advice they can give you in addition to completing your forms. BPPs can do no such thing when it comes to bankruptcy forms.

Under the new bankruptcy law, BPPs must give debtors a form that lists all the things BPPs can't do (form B19), and all the topics they can't discuss -- basically anything that might be characterized as legal advice. Thus, the sort of tips that tax preparers commonly give to people when preparing their taxes, BPPs can't give when bankruptcy forms.

 

What BPPs can't do
(language of Form B19)
Plain English Where topic
is covered in HFB Book.

I am forbidden
to offer you
any legal advice, including advice about any of the following:
  How to File For Chapter 7 Bankruptcy (HFB book) will not give you specific advice, either, but it does discuss important facts to consider in making these decisions:
• whether to file a petition under the Bankruptcy Code (11 U.S.C. § 101 et seq.); Whether you should file for bankruptcy Ch. 1 (free sample chapter)
• whether commencing a case under chapter 7, 11, 12, or 13 is appropriate; What kind of bankruptcy you should file for Ch. 1 (free sample chapter)
• whether your debts will be eliminated or discharged in a case under the Bankruptcy Code; Which debts are non-dischargeable, secured, etc. Ch's. 9, 5
• whether you will be able to retain your home, car, or other property after commencing a case
under the Bankruptcy Code;
Whether you'll lose your house, car, or other property Chs. 3, 4, 5
• concerning the tax consequences of a case brought under the Bankruptcy Code; Tax consequences Not covered
• concerning the dischargeability of tax claims; Whether or not your tax debts will be wiped out Ch. 9
• whether you may or should promise to repay debts to a creditor or enter into a reaffirmation
agreement with a creditor to reaffirm a debt;
Which secured loans are worth hanging onto, versus other options (e.g. surrendering property) Ch. 5
• concerning how to characterize the nature of your interests in property or your debts; or Whether property is exempt
or
into which exemption category a particular item fits
Ch. 3, 4
• concerning bankruptcy procedures and rights.
What happens in bankruptcy; what are your rights Whole book

 

Online Bankruptcy Filing Advertised to Consumers

These are listing only, provided for comparison purposes. They are not recommendations for any particular service.

So-Called "Full Service" Companies

The following companies tout themselves as "full service" to distinguish themselves from companies that only offer forms preparation. But they do not appear to be lawyers, so, by law, all they can do is forms preparation.

Note that similar services to these have been found by courts to be BPPs and therefore subject to BPP fee limits and service limitations. To the extent that these services charge more than such limits, and the "advice" they give (by deciding where your information should go on the bankruptcy forms), may exceed what is allowed in your court district.

Bridgeport Bankruptcy Company ($249 and up " full service" bankruptcy filing with fill in the blank, web interface for collecting information) More information

Easy Bankruptcy Services ($200 to $289)

USA Bankruptcy ($249 to $299)

Forms preparation only (not 'full service')

Guaranteed Bankruptcy Services ($115) - For do it yourselfers who know what they're doing,

Software for consumers

Standard Legal ($49). This "software" is actually a zip file of MS Word and PDF forms that you can use or fill in. The merchant's website does not say whether local forms are included and whether or not forms do any calculations. This does not appear to really be "software" but rather a package of MS Word and PDF forms. (Note: before you pay for bankruptcy forms, remember that PDF, fill-in bankruptcy forms are downloadable for free from the government and here .) So what you're really paying for is the instructions that come with the forms.

Reviews

Vendorhound.com is a description and comparison online bankruptcy filing options designed for consumers. The site acknowledges that it has affiliate deals with sites it has reviewed. Even so, their summary reviews are handy for quick feature comparisons if not objective analysis. They are strong advocate of so-called"full service" online bankruptcies but do not explain what "full service" includes (for example, does it include filing motions to avoid judicial liens or does that cost extra?).

 

 

   
 

CloseDo I Need a Lawyer?

There is no requirement to use a lawyer to file for bankruptcy. However, some people decide to hire one to help them get through the process.

Whether you're a good candidate for doing it yourself, depends on the complexity of your financial situation, and your willingness to take the time to learn the rules of bankruptcy. (If you're not the type of person that is willing to follow instructions carefully, then self-help is probably not for you.)

Your Financial Situation

If your debts consist only of unsecured credit card debt, you may well be able to file for bankruptcy on your own.

However, other factors to consider are the amount and type of property you own. If you own your home, have substantial retirement savings, or other substantial assets you may want to consult with a lawyer to make sure your property is not at risk.

A good way to approach the decision of whether to hire a lawyer is to buy (and read) Nolo's book "How to File for Chapter 7 Bankruptcy." It will give you a good idea of what issues may arise when you file, and flags specific situations when a lawyer's help is called for. It will also give you a good idea of whether the filing process seems to complicated for you.

If your financial situation is simple, but you just don't want to deal with the forms, you might consider a using a Bankruptcy Petition Preparer to handle the form preparation.

Some lawyers may be willing to review your situation without taking on your entire case. If they see that your situation is very simple, some lawyers might even tell you that you can do it yourself.

One option is to get limited help from a lawyer combined with the services of a bankruptcy petition preparer. If you live in California, see www.bankruptcylawproject.com for more information about their "Affordable Attorney Advice" service, which, for a flat rate of $100, will answer all questions that may arise in the course of your bankruptcy, but not actually file bankruptcy for you. (Disclaimer: This service is run by my friend and co-author, Attorney Stephen Elias. But I think what he's doing is pretty innovative and useful and so I list it here.)

Other Resources, Other Opinions

Lots of people have opinions on the topic of whether you should get a lawyer. Most lawyers... guess what... think you should always have a lawyer. But, seriously, they make some worthwhile points that are worth reading as you decide what to do.

The National Association of Consumer Bankruptcy Attorneys (NACBA) makes the case of why you should use an attorney and offers tips for those who cannot afford one.

The law firm of Moran Law Group, in addition to providing loads of useful free information about bankruptcy, also makes the case why you should get a lawyer and the US Courts site has this advice about filing without an attorney.

And, my Nolo co author, Stephen Elias has written a blog post on Using Non-Lawyers to Help You With Your Bankruptcy

These are all worth reading.

CloseWhat should I expect from a lawyer?

If you hire a lawyer, make sure your lawyer is an experienced bankruptcy lawyer. Bankruptcy is a complex, unique area of law that is not something that a general practitioner can learn overnight. Ask your lawyer how many bankruptcies they have filed.

Your lawyer will probably have you fill in a questionnaire about your property, debts, expenses and income. A good lawyer will be able to determine quickly what kinds of debts will be dischargeable in bankruptcy. The lawyer should advise you to get credit counseling before you file, and will may even have a computer terminal in their office where you can do the counseling right there, online. Many lawyers have preferred credit counselors that they work with.

Lawyers are responsible for making sure that your information is accurate, so they will be asking you to bring in documentation about your finances, including pay stubs, tax returns, etc.

For more information about working with a bankruptcy attorney, check out Chapter 10 of How to file for Chapter 7 Bankruptcy. Close

CloseWhat is a "BPP" (Bankruptcy Petition Preparer)?

Bankruptcy Petition Preparers are non-lawyers paid by consumers to prepare bankruptcy documents, for filing in court.

Anyone can be a BPP, provided they comply with the rules governing BPP practice contained in the bankruptcy code.

Customers who use a BPP are representing themselves in the bankruptcy court. This means they are responsible for making the choices required of them in their case. They must also provide the BPP with complete and accurate information to be entered in the documents.

Because BPPs are not lawyers, their customers must obtain necessary legal information and advice from an independent source such as a self-help law book or a lawyer.

Think of it this way, A BPP's customers are their own lawyers and the BPP is thewww.bankruptcylawproject.com.

Close

CloseWhat is Credit Counseling?

Credit counseling is now required for all persons filing for bankruptcy. It costs about $50 and can be done in person, on the phone, or over the internet.

A credit counseling session generally lasts about 90 minutes. They'll review of your financial situation, give you information about your rights and options, and propose a repayment plan for resolving your debt problems, if possible.

Credit counseling organizations are now screened by the federal government and only approved organizations can be used in bankruptcy. (Click here for the list of approved credit counseling agencies.) This regulation is a good thing. The field rife with rip-off artists and the regulation has been welcomed by legitimate credit counselors.

The FTC also publishes a useful pamphlet on how to select a credit counselor.

Close

CloseWhat is "debt consolidation"

Debt consolidation is the practice of taking out one large loan to pay off a bunch of smaller debts that are charging higher interest.

Debt consolidation may or may not be a good idea, depending on your situation. Lower interest is a good thing, but turning unsecured debts (like credit card bills) into secured debts (like a home equity loan) can be a costly mistake if you eventually file bankruptcy anyway. Unsecured debts can often be eliminated in bankruptcy, while most secured debts cannot. If you can't pay your secured debt -- or if the payments are late -- you may lose your home.

Also, the fees for setting up such loans can be expensive.

Close

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Step-by-Step Guidebooks to the Bankruptcy Process

How to File For BakruptcyHow to File for Chapter 7 Bankruptcy

Before spending hundreds of dollars on bankruptcy services, take the time to learn about bankruptcy, and determine exactly the kind of help you need (if any). Nolo's How to File for Chapter 7 Bankruptcy (16th ed., 2009) will walk you through the law and procedures of filing for bankruptcy, explain what it can -- and can't -- do for you, and tell you how to get the most from your lawyer if you decide to hire one.

Chapter 13 Bankruptcy:
Keep Your Property & Repay Your Debts Over Time
(9th ed, 2008)

How to File For Bakruptcy
Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? Consider Chapter 13 bankruptcy, which can provide you an affordable repayment plan -- and let you keep your house, car and other property

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2008
Edition: 9th
Pages: 496 pp
ISBN: 9781413308556
Forms: 29 forms

List Price: 39.99
Buy now:
Nolo (publisher) :: Amazon

Press Reviews

"In Nolo’s usual thorough fashion, here is a guide to an alternative to the typical Chapter 7 Bankruptcy."
Orange County Register
"An excellent book that can guide you through the [Chapter 13] process."
Forbes Magazine
"Chapter 13 Bankruptcy will save you a fortune in attorney fees and confusion."
The Midwest Book Review
"This is the best book going if you choose to file alone or if you want background on the Chapter 13 process."
Attorney Gary Klein,
co-author of Consumer Bankruptcy Law and Practice
"An excellent resource..."
Consumers Digest
"Contains many tear-out forms, federal and state exemptions charts, and the most recent legal documents and instructions on how to fill them out. "
Reference & Research Book News

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Want to talk to a local bankruptcy lawyer right away?

Total Bankruptcy can connect you with a bankruptcy attorney near you. Fill out the evaluation form or call (877) 257-9043.

 

About Total Bankruptcy

Total Bankruptcy is sponsored by consumer bankruptcy attorneys from across the country, and provides hundreds of pages of free consumer bankruptcy information, articles, blog posts, and other resources on its website at www.TotalBankruptcy.com. Total Bankruptcy's President, Kevin Chern, is the former managing partner of the largest consumer bankruptcy law firm in the United States, and has personally filed thousands of consumer bankruptcy cases.

Although Total Bankruptcy provides extensive free information about Chapter 7 and Chapter 13 bankruptcy and regular updates on bankruptcy news and developments, many consumers need help understanding how the bankruptcy laws apply in their particular circumstances and making good decisions about their next steps. A consumer bankruptcy attorney may be the best source of that information, so Total Bankruptcy makes it easy for consumers by scheduling free, no-obligation calls with local bankruptcy attorneys.

 

Products listed in advertisements are not endorsed or reviewed by LegalConsumer.com

 

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