Consumer bankruptcy & debt relief
When calls, garnishment, repossession or foreclosure pressure make it hard to see a way forward, David Van Dyke offers clear Chapter 7 and Chapter 13 guidance grounded in more than three decades of California practice.
There is no one-size-fits-all bankruptcy.
Eligibility, exemptions, property, debts and timing all matter.Chapter 7
Chapter 7 may allow qualifying individuals to discharge many unsecured debts. Exemptions, assets, income, transfers and the nature of each debt must be reviewed before deciding whether it fits.
Chapter 13
Chapter 13 may help eligible debtors protect assets, address arrears and repay required obligations over time through a plan. The payment and duration depend on the case.
What filing may change
Filing a bankruptcy case generally creates an automatic stay that stops many collection actions. Exceptions exist, creditors can ask for relief from the stay and repeat filings may affect its scope.
Many collection contacts must stop while the stay applies.
Many proceedings may pause, subject to exceptions and court orders.
Timing and secured-creditor rights require urgent, fact-specific review.
Many debts may be discharged, but not every debt qualifies.
Prepare for your consultation
Bring what you can. A useful first review often includes:
Recent pay stubs or income information
A rough list of creditors and balances
Mortgage, car-loan and lawsuit papers
Recent tax returns, if available
Any deadline, sale date or garnishment notice
Bankruptcy FAQ
No blanket answer applies. California exemptions may protect many types of property, but the available exemption system, values, liens and recent transfers must be analyzed before filing.
No. Many unsecured debts may be dischargeable, while certain taxes, support obligations, fines, student loans and other categories may survive or require additional legal standards.
Do not change payments based on a website. Mortgage, vehicle, tax, support and other obligations can have different consequences. Get advice about your goals and facts first.
A practical first conversation
Call the Stockton office for a free initial consultation about Chapter 7, Chapter 13 or alternatives that may fit your situation.