California bankruptcy laws adhere to federal bankruptcy code but have unique provisions regarding exemptions, community property, and automatic stays. Our experienced attorneys can guide you through the intricacies of California bankruptcy law and tailor a strategy to protect your assets and achieve your financial goals.
FAQ Category: Home
What are the bankruptcy exemptions in California?
California offers generous bankruptcy exemptions, allowing you to protect a significant portion of your assets. Key exemptions include:
- Homestead Exemption: Up to $75,000 – $175,000 of home equity, depending on your county and household size.
- Vehicle Exemption: Up to $4,450 for one vehicle.
- Personal Property: Various exemptions for household goods, furnishings, clothing, and tools of the trade.
- Wildcard Exemption: An additional amount you can apply to any asset.
Kostopoulos Bankruptcy Law’s attorneys in Riverside and Oakland can help you understand and maximize your California exemptions.
Can I keep my house in Chapter 7 bankruptcy?
You may be able to keep your house in Chapter 7 bankruptcy if you have equity within the exemption limits and continue making mortgage payments.
What happens to my property in Chapter 7 bankruptcy?
In Chapter 7, non-exempt assets may be liquidated to pay creditors. However, many assets are protected by exemptions, allowing you to keep essential belongings like your home, car, and personal items.
Can I keep my inheritance in bankruptcy?
If you receive an inheritance within 180 days of filing for bankruptcy, it may become part of your bankruptcy estate. However, there may be strategies to protect it.
What happens to my retirement accounts in bankruptcy?
Most retirement accounts, including 401(k)s and IRAs, are protected in bankruptcy, allowing you to preserve your savings for the future.
How to file for bankruptcy and keep your car?
In many cases, you can keep your car during bankruptcy by reaffirming the loan or redeeming the vehicle. Our experienced attorneys in Riverside, CA, and beyond can explain your options and help you protect your vehicle.
Can bankruptcy stop repossession of vehicle?
Yes, filing for bankruptcy can temporarily or permanently stop vehicle repossession. Our attorneys can help you use bankruptcy to protect your car.
When is it too late to stop foreclosure?
The timeline for stopping foreclosure varies by state. Our legal team can assess your situation and advise you on your options, even if foreclosure seems imminent.
Can bankruptcy stop foreclosure?
Yes, filing for bankruptcy can temporarily or permanently stop foreclosure proceedings, giving you time to catch up on payments or explore alternatives. Our attorneys can help you utilize bankruptcy to save your home.