Bankruptcy

A Seasoned Bankruptcy Attorney You Can Trust Solano County Bankruptcy Attorney

The numbers of people facing the heavy burden of debt from credit cards, medical bills, and upside-down mortgages remain high, despite occasional reports that the economy is getting better.

Many of us continue to reel from the heavy burden of reduced hours at work, loss of jobs, upside-down home mortgages, and a credit pinch that caught many with credit card debt at double the interest rates charged only a few years ago.

If that sounds painfully familiar, there is help - a way out.

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Sonoma County Bankruptcy Attorney

Bankruptcy relief may give you total relief from the financial ills that hold you back. At the Law Offices of Michele M. Poteracke in Fairfield, and in Santa Rosa, we help people throughout the North Bay, East Bay, and Wine Country stop creditor harassment, reorganize, and discharge debt and get the fresh start they need.

For more information, send us an e-mail or call at (707) 571-1109 to schedule a free initial consultation. Or, fill out the Bankruptcy Questionnaire to schedule a telephone consultation.

Speak with a Knowledgeable and Experienced Bankruptcy Attorney about Your Options - Learn about Your Rights and Responsibilities

Bankruptcy lawyer Michele M. Poteracke in Fairfield and Santa Rosa takes the time to learn about you, your financial issues, and your needs and analyzes what can be done to relieve you of the financial problems that cripple you. If bankruptcy turns out to be the best option for you, we will guide you through the process, from beginning to end. If bankruptcy is not right for you, we will tell you that as well. The consultation is free.

Be informed before you make a decision.

Bankruptcy is the only avenue to offer immediate relief:

  • Stop creditor calls and harassment
  • Stop a home foreclosure 
  • Stop repossession of vehicles and other property
  • Stop lawsuits - from credit card companies and everyone else
  • Stop levies, garnishments, and attachments 

When to File Bankruptcy Should You, Or Shouldn't You File for Bankruptcy?

Bankruptcy relief is usually the last resort when you are overburdened with debt. It is not a moral issue and does not reflect badly on your character. It's all about the numbers.

Fairfield bankruptcy lawyer Michele Poteracke will explain how bankruptcy works and whether it is right for you.

Ask for a Consultation Early, Before You Spend Your Life Savings or Retirement Monies

There are few things more tragic than a person who delayed asking for help with debt. Santa Rosa bankruptcy attorney Michele Poteracke will advise you on the best way to ensure your assets remain safe.

For example, your retirement funds are usually totally exempt, which means they're safe and you can keep them intact even with bankruptcy. Talk with an experienced bankruptcy attorney in Fairfield and in Santa Rosa, California to learn how to hang onto this valuable asset.

Bankruptcy is intended to provide a FRESH START to those who file for relief. That means that you will be allowed to keep much of what is deemed necessary for you to begin again after your debt has been wiped away through the bankruptcy discharge.

Ask for a consultation from Fairfield bankruptcy attorney Michele Poteracke before you throw away money on debt that is totally dischargeable in bankruptcy. The earlier you look at the bankruptcy option, by obtaining a free consultation from a qualified bankruptcy attorney, the sooner you may save thousands of dollars.

Timing Really Does Matter

When Santa Rosa bankruptcy attorney Michele M. Poteracke reviews your financial situation with you, she looks at your entire financial picture:

  • your assets - to make sure they are of the type and value you can keep after a bankruptcy
  • your debts - to make sure they are the type that will be discharged
  • your monthly income and expenses - which affect the "Means Test" calculation

Find out from experienced Fairfield bankruptcy attorney Michele Poteracke how bankruptcy treats your assets and debts. Timing can make all the difference in when and if a debt is fully dischargeable.

And, if you've experienced a change in your financial situation, timing can make a difference in which chapter is best for you -chapter 7 or chapter 13.

Talk to Fairfield bankruptcy lawyer Michele Poteracke to optimize your options. Learn your rights and your responsibilities and how bankruptcy can help you get a fresh start.

Stop throwing money away on debt that stands in the way of your starting over. Get a free consultation when financial stress strikes. It may save you thousands of dollars.

Speak with a Knowledgeable and Experienced Fairfield and Santa Rosa Bankruptcy Attorney about Your Options - Learn about Your Rights and Responsibilities

At the Law Offices of Michele M. Poteracke in Fairfield, and in Santa Rosa, we help people throughout the North Bay, East Bay, and Wine Country stop creditor harassment, reorganize, and discharge debt and get the fresh start they need.

For more information, send us an e-mail at mmp@poterackelaw.com or call us.

How to File Bankruptcy Our Fairfield Bankruptcy Attorney Starts with a Thorough Financial Analysis of Your Situation

An analysis of your income and expenses will determine whether you are eligible to file a chapter 7 bankruptcy or a chapter 13 bankruptcy. This analysis is referred to as the Means Test.

Our Fairfield bankruptcy attorney looks at the whole picture. But, with both chapters, you must provide extensive information and documentation relating to your assets and debts and income, in order to prepare your case. Santa Rosa bankruptcy attorney Michele M. Poteracke will provide you with a full list of information and documentation she will review before your case is finalized and ready for you to review and sign.

Mandatory Bankruptcy Forms are Extensive and Detailed

Mandatory forms approved by the court are required to be used when filing for bankruptcy relief. You may find them intimidating, not to mention confusing, but Fairfield bankruptcy attorney Michele Poteracke will make sure they are filled out properly.

Your paperwork includes schedules where all of your assets and debts are to be listed, as well as your monthly income and expenses. If you are self-employed, you may need to add attachments to these schedules to explain your business income and expenses. The forms also include a question and answer section called the Statement of Financial Affairs; then, there's the Means Test and still more forms.

Santa Rosa bankruptcy attorney Michele M. Poteracke will go through all of the forms and provide you with guidelines for providing documents like pay stubs, tax returns, and bank statements, not just for her to review but also for your bankruptcy trustee.

Don't Forget Your Debt Counseling Certificate Before You File

Before your bankruptcy petition can be filed, you must obtain a pre-petition debt counseling certificate.

After your case is filed, but before you can obtain your discharge, you must obtain a second certificate for financial education. Our Fairfield bankruptcy lawyer will help you with the process.

A Trustee will be Appointed to Review your Case

Your bankruptcy case is filed with the U.S. Bankruptcy Court in the district where you have lived for the greater part of the last six months.

For instance, if you live in Napa, California, your case is filed in Santa Rosa with the U.S. Bankruptcy Court for the Northern District of California; but if you live in Vallejo, California, only ten miles away, your case is filed in Sacramento with the Eastern District of California.

Our Fairfield and Santa Rosa bankruptcy attorney Michele M. Poteracke files cases in both districts and has done so for many years.

Your location is important to you because, among other things, you will have to attend a mandatory creditors’ meeting at the court where your case is filed. Fairfield bankruptcy attorney Michele M. Poteracke will provide you with all the information you will need to be prepared for the meeting conducted by your trustee.

Initial Consultation Questionnaire

Bankruptcy representation by an attorney provides multiple benefits, including optimizing your rights to keep property through legal exemptions and discharge debt. Your decision to hire legal counsel and our advice to you regarding how bankruptcy may help you start with an initial consultation to review and analyze your specific financial issues.

Please provide the following information prior to your consultation. The better the information you provide here, the more productive our time will be during the consultation.

Bankruptcy Questionnaire

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The information you provide helps us determine if a chapter 7 bankruptcy or a chapter 13 bankruptcy would benefit you and which one you qualify for based on your income and other considerations. Our bankruptcy attorney represents clients throughout Solano County, Sonoma County, and Napa County, including but not limited to the cities of Fairfield, Vacaville, Vallejo, Santa Rosa, Petaluma, Rohnert Park, Napa, and Sonoma, California.

PLEASE TAKE NOTE: THE U.S. BANKRUPTCY COURT HAS PROVIDED SEVERAL INFORMATIONAL NOTICES WHICH IT WISHES EACH POTENTIAL FILER TO REVIEW BEFORE MAKING THE DECISION TO FILE FOR BANKRUPTCY RELIEF. CLICK HERE TO READ SOME OF THOSE NOTICES NOW. A COPY WILL ALSO BE PROVIDED FOR YOU DURING THE CONSULTATION TO KEEP IN YOUR FILE.