Our Attorneys
Our downtown San Diego bankruptcy attorneys handle consumer bankruptcy
cases exclusively. We are one of the leading personal bankruptcy
law firms in Southern California, currently filing hundreds
of bankruptcy cases per year.
Bankruptcy Can Stop Foreclosure
Filing a Chapter 7 case will sidetrack a
lender’s right to foreclose. Unless a lender can get permission
to go forward with the foreclosure proceedings by requesting
and receiving “relief from the automatic stay” from the court, you are
"home free".
That relief is not likely to be granted unless the lender can
demonstrate "lack of adequate protection" by showing
depreciating collateral or one of several other means. The
burden is always on the creditor in a lift stay proceeding to
show special and unusual circumstances, and the lender must
further demonstrate to the court that the property is not
necessary to the debtors effective debt reorganization.A
Chapter 7 can permanently stop a foreclosure, if
the creditor agrees or the homestead (exemption) laws stop the
liquidation of the property.
If the conditions above that must be met in Chapter 7 cannot be met
in order to permanently stop a foreclosure.
The solution to that problem that then is to file under Chapter 13 bankruptcy. The
A confirmed Chapter 13 plan can provide for continuing monthly payments
on the mortgage and paying off the arrearages over the
life of the plan (three to five years).
|
|
 |
 |
|
| We work with you to help you keep as much of your property as possible while putting an
immediate stop to:
Oceanside Bankruptcy Lawyers: Home foreclosures
Oceanside Bankruptcy Attorney: Car repossessions
Oceanside Bankruptcy Lawyer: Garnishments
Oceanside Bankruptcy Lawyer: Credit card debt
Oceanside Bankruptcy Attorneys: Creditor harassments
Oceanside Bankruptcy Lawyers: Lawsuits
For us, filing bankruptcy is about solving your problems and helping you move on.
Oceanside
Oceanside is the third largest city in San Diego County, California. The city has a population
of 173,303. Together with Vista and Carlsbad, it makes up the Tri-City area. The city is just
south of U.S. Marine Corps Base Camp Pendleton, the busiest military base in the United States.
Oceanside has grown massively from the 1970 census report of 45,000 people. Much of the city
area was developed into single-family home tracts when real estate booms took place in the
1970s and 1980s. Since 1990, more commercial and industrial development diversified
Oceanside's economic base, with another population boom ever since. According to the
US census, Oceanside's continual growth will put the city population estimates above
the 200,000 mark in 2010 or exceed 250,000 by the year 2020.
|
|
|
