Temecula Attorney Jonathan Preston
Bankruptcy Services for debtors only!
(951) 461-2500
Mission Statement:
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We handle Chapter 7 and Chapter 13.
If you’re not sure which chapter you need, we’ll help you figure it out!
Bankruptcy FAQs
Q: Does filing a bankruptcy get me out of debt permanently?
A: For most debts yes. You will never have to pay back discharged debts unless you want to.
Q: Can I include my student loan?
A: No. Student loans are not dischargible except under a very strict disability exception. Most people do not qualify..
Q: Can I keep things out of my bankruptcy like a car loan or a zero balance credit card?
A: Usually Yes, but it is subject to what the lender decides to do. Most car lenders will gladly allow you to keep your car as long as the payments are kept current. Zero balance credit cards are sometimes left open and sometimes closed by the lender. No guarantees.
Q: I’ve heard it is difficult to qualify for bankruptcy under the new laws. Is it a problem?
A: Not usually. I would estimate that 90% of our clients under the old rules would have also qualified under the new ones. The bankruptcy act of 2005 was nothing more than an attempt by credit card corporations to scare you away from bankruptcy protection. Handling the additional complexity is our job.
Q: Can I keep all my belongings and cash?
A: Yes, within reason. If you’re considering bankruptcy, it’s safe to assume you don’t have a lot of assets. There are limits, so be sure to talk with a bankruptcy attorney about what those limits are.
Real Estate FAQs
Q: My foreclosure is TOMORROW! Is it too late to stop it by filing a bankruptcy?
A: It might not be too late. Call us right now. (951) 461-2500.
Q: I’m behind on my mortgage but I have a good job. Can I stop the foreclosure and get some breathing room to catch up?
A: Yes. You can consolidate your mortgage and other debts into a Chapter 13 and catch up in 3 to 5 years.
Q: Can I get rid of my second mortgage, but still keep the house?
A: Yes. As long as your home is valued at less than your first mortgage, we can usually eliminate the second mortgage in a Chapter 13. This is called a lien strip. It can be complicated, but we do lots of them successfully.
Q: If I file bankruptcy, will I ever be able to buy a house again?
A: Of course you will. For the average person, credit “jail” will last from 2 to 4 years. Most people qualify for a normal mortgage after that time.
Q: Can a bankruptcy be used to modify the terms of my existing mortgage?
A: The answer is no, however at this time we need to qualify it with a definite maybe. Lenders are beginning to offer loan modifications to debtors in bankruptcy. In many instances, a client in bankruptcy has received an offer modifying the interest rate, the principle balance, or both. There are no guarantees.
