Legal Question in Bankruptcy in California

Good evening,

I am a small business owner; I used to make 70-90k a year in my income taxes, but for the past 4 years, I've been forced to borrow against my business line of credit, and eventually, my home equity line. Both are max out. I'm up to the limit on my credit cards. I am afraid to lose my house. Are there any options for me? Is it possible to start all over again? Please, any advice is greatly appreciate it. Thank you!


Asked on 1/13/12, 6:27 pm

2 Answers from Attorneys

Todd Mannis Law Offices of Joseph A. Mannis

From what you describe, you are looking at a bankruptcy, and its probably not a matter of if, but when. That's not terrible, however - the alternative is more of the same as far as what you've been going through, and that is pretty tough.

By filing the bankruptcy, you will eliminate the credit card debt, as well as the monthly payments that they entail. I don't know if you have any equity in the house, which is something a bankruptcy attorney would need to know, but given what you describe above, I suspect that you probably do not. The positive side of that is that you will not lose your home in the bankruptcy (that could happen if your equity went above the amount you're entitled to keep). You might even be able to completely strip the home equity line, depending on what chapter of bankruptcy you qualify for. A lot of this gets somewhat technical, and more information is required to tell you definitively which chapter you should be filing under, but either way you will be better off. Feel free to contact me, and I'll be happy to discuss the matter further with you.

Todd Mannis, Esq.

Tel: (818) 591-9890

www.mannislaw.com

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Answered on 1/13/12, 6:35 pm
Asaph Abrams Law Office of Asaph Abrams

I'm catching up with you in the... morning. There are often viable options in bankruptcy that permit the "restart" you seek.

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Answered on 1/14/12, 11:33 am


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