Bankruptcy Attorney in Shafter, CA

Why a Bankruptcy Attorney Is Important to Have

Having a bankruptcy attorney means having someone who understands how the system works and knows how to use it to protect your financial future. Many people are surprised by what an experienced bankruptcy attorney can actually do for them and how it can make the process go so much smoother. At The Gorski Firm, we help identify options you may not realize are available, such as using exemptions strategically to protect property, stopping wage garnishments or bank levies quickly, and addressing certain debts that may be challenged, reduced, or even eliminated. An attorney also ensures that income, assets, and debts are classified correctly—something that can make a significant difference in the outcome of your case.

Beyond the technical side, we actively manage the process on your behalf, including communicating directly with creditors, responding to court notices, and resolving issues that arise before they turn into costly problems. In some cases, we can even help restructure secured debts or prevent foreclosure through proper timing and filing strategies. 

What Type of Bankruptcy Should I Pursue?

Not all bankruptcy cases are the same. In fact, there are a few different types of bankruptcy methods, and which one is the optimal path for your situation can vary based on a number of factors, including your available income, what kind of assets you own, and what kind of debts you have (and how much). 

Because declaring bankruptcy is a serious decision that requires extensive consideration, we strongly recommend a consultation to provide you with personalized advice. Here are some general guidelines for each of the commonly used types of bankruptcy.

Chapter 7

Chapter 7 is often referred to as “liquidation” bankruptcy because it typically involves liquidating assets and using the proceeds to pay off what portion of the eligible debt they can before discharging most or all of the remainder. 

Some common characteristics of Chapter 7 bankruptcy include:

• Is only open to those who pass a strict means test, which looks at available income, debts and payments, and available assets
• Is generally for those who have little to no disposable income
• Is generally quick, often finishing within a few short months

Chapter 13

Chapter 13 bankruptcy is often referred to as a “restructuring” bankruptcy because, rather than focusing on discharging debt, it focuses more on restructuring that debt to allow for those who have fallen behind on payments to catch up. Chapter 13 is typically more rigorous and takes longer to complete, but it is far better for those who don’t want to lose their house or car in the process.

Some common characteristics of Chapter 13 bankruptcy include:

• Is typically the option to pursue for most individuals who do not pass the means test to file for Chapter 7
• Is typically better for those who have some disposable income available and who want to protect some of their most important assets (they may not need to be liquidated)
• Is often a longer-term solution, taking three to five years for most people to complete

Chapter 11

While Chapter 11 is more often used for businesses to declare bankruptcy, sometimes it is the best option for individuals who hold complex or high-value assets, such as ownership rights for intellectual property, business holdings, or substantial investments. This process is somewhat similar to Chapter 13, but every case is unique, so we highly recommend retaining an attorney for these matters.

Adversary Proceedings

Adversary proceedings are separate lawsuits that creditors can file during the process of a bankruptcy case. To put it simply, these are actions that creditors can take to essentially “sue” a debtor to collect on the outstanding debt. There are plenty of reasons why a creditor may wish to pursue this option, and it is not uncommon for the suit to need to be settled before a bankruptcy matter can be fully completed and finalized.

We are here to assist you if a creditor files an adversary proceeding in your case. Likewise, if you are a creditor looking to pursue one of these actions, we can also help you file your suit and represent you during the litigation process.

Book your consultation with our team by contacting The Gorski Firm today!