Bankruptcy Law
We offer caring and compassionate legal services for individuals fighting bankruptcy and foreclosure. The Law Office of Brian Nomi offers full services in the field of personal bankruptcy and debt relief services for people in Ventura County and the surrounding areas.
Nobody wants to contemplate bankruptcy. Many people who file bankruptcy are well-educated, professional people with families, careers, and standing in their communities. They aren’t spendthrifts or cheats—they’re ordinary people facing extraordinary difficulties, like mounting medical bills or an unexpected job loss, and they bear an unsustainable level of debt. As we languish in some of the worst economic conditions seen in decades, these stories have become all too common, and affect people and families in all parts of society. Our Founding Fathers wrote bankruptcy protection into the Constitution at the birth of our system of government precisely in order to give people trapped by debt an opportunity for a “fresh start.” Throughout our history, a number of famous people have declared bankruptcy and gone on to lead highly successful lives, including Mark Twain, Walt Disney, Donald Trump, and even Abraham Lincoln. The decision to file for bankruptcy, while not one that should be made lightly, is one that can have important benefits for some people, and may represent your best option. The act of filing for bankruptcy puts an immediate halt to all debt collection proceedings, repossession attempts, and foreclosure actions against you. Your creditors, including any who may have been harassing you over the phone, at work, or by other means, are required by law to stop contacting you and may only deal with you by talking to your bankruptcy attorney. Your debts are resolved through the bankruptcy process, allowing you to emerge with a clean slate and the “Fresh Start.” Depending on your circumstances, declaring bankruptcy can:
If you are facing legal action such as repossession or foreclosure, contact us immediately, even if you are in the process of completing a loan modification or forbearance. Don’t wait until your property is seized before you seek legal representation, or the law may not allow you to reclaim your assets even after you file for bankruptcy. Every client is unique to us: if bankruptcy isn’t your best option, we’ll tell you, and work with you to find a better solution. We promise you an honest and direct appraisal of your situation so that you can make the best decision for yourself. As a bankruptcy law firm, we are often contacted by people who have questions about the process of bankruptcy, what debts may be discharged and other common bankruptcy questions. We have compiled below a list of commonly asked questions and their answers. If you have additional questions about bankruptcy or need to speak with an experienced lawyer, contact our law office in Camarillo, California. To contact our law firm, call 805.444.5960, or contact us by e-mail. |
Frequently Asked Questions: |
Q- What is the difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy? A- Chapter 7 is a debt liquidation bankruptcy that eliminates or reduces most debts. Chapter 13 bankruptcy is a debt repayment bankruptcy that results in a three- or five-year debt repayment plan. People who want to file for Chapter 7 bankruptcy must meet a means test that takes into account their income and ability to pay debts. A Chapter 13 bankruptcy is often used by people who have significant income and assets and who are not eligible for Chapter 7 relief or want to protect assets from liquidation.Q- Will a bankruptcy stop a foreclosure on my house or a lawsuit? A- Yes. Bankruptcy halts all legal proceedings against you immediately on the filing of the petition. The ultimate resolution of these matters will be delayed pending the outcome of the bankruptcy case. Consult with our office for full details.Q- Can I restore credit after bankruptcy? A- Yes, and you can do it faster than you may think. People are often surprised to find that credit card companies, auto lenders and other credit providers are willing to provide credit to people who have just had a bankruptcy. In fact, many creditors actively compete for the business of recent Chapter 7 bankruptcy debtors because they know their debts have been discharged and they may not file for Chapter 7 bankruptcy again for several years.Q- Can I keep some of my property? A- Yes, certain assets are exempt from liquidation. Homes and cars of a certain value are exempt from liquidation. Our office will advise you on the value of your homestead exemption, or the general exemption for your personal property. You may be surprised to see how much you can retain through a bankruptcy case.Q- Can my employer fire me if it learns about my bankruptcy? A- No. Employers may not discharge an employee because he or she filed for bankruptcy. Bankruptcy will harm your credit rating, and may affect your security clearance for certain government jobs.Q- What debts are dischargeable? A- Most forms of debt are dischargeable through Chapter 7 bankruptcy. Credit card debts, medical bills, and most other debts are dischargeable.Q- Are there any debts that cannot be discharged? A- Yes. Taxes, student loans, family support obligations, judgments for fraud, criminal penalties, and certain other debts are generally not dischargeable.Q- What are the Key Aspects of a Good Bankruptcy Attorney? A- In our view, the following are the factors that make the most difference in deciding whom to hire:
Q- What are your Fees? How Can I Learn More about Bankruptcy? |
We represent clients throughout Ventura County and surrounding areas, including Agoura Hills, Calabasas, Camarillo, Fillmore, Moorpark, Newbury Park, Ojai, Oxnard, Port Hueneme, Santa Paula, Simi Valley, Thousand Oaks, Ventura, and Westlake Village. |