Muoi Chea is an experienced Bankruptcy Attorney in Sacramento, Stockton, and Fairfield, California, providing Chapter 13 Bankruptcy and Chapter 7 Bankruptcy representations in Bankruptcy Courts at Sacramento, CA and Modesto, CA for over a decade.

If you are facing foreclosure, wage garnishment, IRS tax levy, car repossession, or creditor's lawsuit or harassment, Muoi Chea is a Bankruptcy Lawyer who has a long track record of successfully providing debt relief for hard-working residents throughout all of Northern and Central California.

This Bankruptcy Attorney Office is not a mill. I will personally handle your case from start to finish. I, personally, will take the time to answer your questions during the consultation and over the phone. You are being represented by me and no one else.

When you come in for a consultation in either Bankruptcy Attorney Offices in Sacramento, Stockton, or Fairfield, CA, I will explain your options under the Bankruptcy Law as well as Bankruptcy alternatives.

Everyone needs a second chance. Whether you are facing foreclosure or accumulated debts because of illness or lost wages, bankruptcy can give you the second chance that you need to regain control of your life. Most people do not know that medical bills and lost of income are the main reason why people file for personal Chapter 7 or 13 Bankruptcy. Everyone at some point in their life find themselves in a situation that is beyond their control. Stop blaming yourself and look for a solution for your debt.

You would be shocked at the number of people who filed for bankruptcy throughout Sacramento, Placer, Yolo, San Joaquin, Stanislaus, Yuba, and Solano county California. Most likely you know someone who filed for either Chapter 13 Bankruptcy or Chapter 7 Bankruptcy but they did not tell you. Inaction and delays can only make your situation worse, especially when you are facing imminent foreclosure, wage garnishment, and lawsuit from creditors. It is time to put an end to your financial problems and get a fresh start.

When you come in for your consultation in the Sacramento, Stockton, or Fairfield CA Bankruptcy Attorney Offices, I will go over your personal situation and explain how bankruptcy may affect each of your debts and assets. I will not recommend bankruptcy unless you need it. My aim is to provide the very best counsel to my clients, and I will be as objective as possible about your options.

At the end of the consultation, if you decide that Bankruptcy is the right option for you, I will quote you a reasonable fee. You are under no obligation, and whatever you decide, my advice to you during the consultation is free. My fees are reasonable because I sympathize that you are struggling financially and are seeking debt relief. That is why I also offer Payment Plans so that we can begin the road of recovery together quicker.

What is Chapter 7 and 13 Bankruptcy and how can it help me?

Chapter 7 Bankruptcy

Chapter 7 Bankruptcy is also known as “liquidation”, which can be used to wipe out credit cards, unsecured loans, medical bills, deficiency from repossession or foreclosure.  Click on Chapter 7 Bankruptcy for more information.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is also known as “reorganization”. If your income is determined to be too high for a Chapter 7 procedure, but you are facing foreclosure on your home, wage garnishment, car repossession or tax debts or tax levy, Chapter 13 bankruptcy can help give you some breathing room. Chapter 13 bankruptcy can also eliminate your 2nd and 3rd mortgages or equity line of credit on your house.  Click on Chapter 13 Bankruptcy for more information.

What are some of the Differences Between Chapter 7 Bankruptcy and Chapter 13 Bankruptcy?

Call Muoi Chea Bankruptcy Attorney in Sacramento Stockton Fairfield California Offices to know your rights under the Bankruptcy Code and STOP:

Schedule a Free Consultation to determine if you qualify for the benefits of Bankruptcy. Click here for a list of what to bring for your bankruptcy consultation.

Cases are accepted throughout all of Northern and Central California cities:

Alpine, Amador, Ione, Jackson, Colusa, El Dorado, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, Sierra, Solano, Sutter, Yolo, Yuba City, Davis, Woodland, Elk Grove, Carmichael, Citrus Heights, Orangevale, Antelope, Fair Oaks, West Sacramento, Roseville, Rocklin, Rancho Cordova, Lincoln, North Highlands, Folsom, El Dorado, Fairfield, Vacaville, Benicia, Dixon, Vallejo, Winters, Auburn, Marysville, Nicolaus, CA and other nearby cities in California.  Residents in these Northern California cities will attend court hearing in the Sacramento Bankruptcy Court, which is located at 501 I Street, Sacramento, California  95814.

Lodi, Galt, Tracy, Stockton, Acampo, Manteca, Lathrop, Modesto, Ripon, Oakdale, Newman, Patterson, Calaveras, Sonora, Angels Camp, Arnold, San Andreas, CA and other nearby cities in California.  Residents in these Central California cities will attend court hearing in the Modesto Bankruptcy Court, which is located at 1200 I Street, Modesto, California  95354.

We are a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Click below for Directions to Office locations:

Sacramento CA Bankruptcy Attorney Number: (916) 441-4205

Stockton CA Bankruptcy Attorney Number: (209) 751-7448

Fairfield CA Bankruptcy Attorney Number: (707) 394-4195

 

Recent Bankruptcy Attorney Blogs (click on the link for entire article):

Should I File Chapter 7 or 13 Bankruptcy?

It depends on each client. Chapter 13 Bankruptcy can do more than a Chapter 7 Bankruptcy. Chapter 13 Bankruptcy can stop foreclosure and car repossession by putting the arrears in a payment plan up to 60 months. Chapter 13 Bankruptcy can force your creditors, especially IRS tax debts, into a payment plan up to 60 months that might be more reasonable than without it. Chapter 13 Bankruptcy can discharge more debts than a Chapter 7 Bankruptcy. …

Debts Discharged in Bankruptcy are Not Taxable

A question asked by my clients during a bankruptcy consultation at Sacramento and Stockton, CA office is whether debts discharged in Bankruptcy are taxable?

The answer is no. Why did a family member or friend receive a 1099-C form from their creditors after receiving a discharge from Chapter 7 or 13 Bankruptcy they asked. Creditors must filed a 1099-C form for any debts $600 or more that is forgiven or cancelled. …

Should a Business Owner File for Chapter 13 or 7 Bankruptcy?

Before answering this question, a business owner must ask: Do I want to keep my business or shut it down?

Business Owner wants to keep business:

If you want to keep your business assets and continue operations without interference from your creditors, it depends on the type of business entity and amount of assets you have.

If the business entity is other than a sole proprietorship like corporation, LLC, or partnership, you should consider Chapter 11 Bankruptcy reorganization. Chapter 13 Bankruptcy is not available for those business entities. …

Sacramento CA Home Price on the Rise & Its Effect on Chapter 7 or 13 Bankruptcy Filing

As if the cost of housing in Sacramento California is not already high enough. In an article published in the Sacramento Bee, due to low inventory, median sale price of a home in Sacramento, El Dorado and Placer counties, CA in August 2016 was $345,000, up 11 percent from a median of $311,000 in August 2015. Sacramento counties includes cities from Elk Grove to Folsom, Citrus Heights, Carmichael, Fair Oaks, and Orangevale, CA. Placer counties includes cities like Roseville, Rocklin, Auburn, and Nicolaus, CA.  …

What is Bankruptcy 341 Meeting of Creditors?

If you filed for Chapter 7 or Chapter 13 Bankruptcy, you must attend Bankruptcy 341 Meeting of Creditors. If you do not attend the Meeting, your case will be dismissed without discharge of your debts. The 341 Meeting of Creditors is conducted by the bankruptcy trustee, not the judge and usually last for 5 to 10 minutes per filer. Creditors may attend the meeting and ask questions. However, creditors rarely show up despite the name "Meeting of Creditors". …

How Long can a Creditor Collect from me After a California Judgment & How can Bankruptcy Help?

When a person stop paying on her unsecured debt like credit cards, usually the creditor will file a lawsuit as an attempt to collect on the debt. Once the creditor receives a judgment in its favor at the completion of the lawsuit, the creditor can collect on that judgment for 10 years. Before the 10 year expires, the creditor can renew it for another 10 years, and so on. With the judgment, the creditor can either obtain a wage garnishment order or bank levy order or record abstract of judgment with the county recorder, placing a lien on the borrower's real estate in that county (aka judgment lien or judicial lien). …

Does Bankruptcy Discharge Remove Tax Lien? It Depends.

The short answer to the question is that Bankruptcy Discharge by itself does not remove tax lien.

If you filed a Chapter 7 Bankruptcy case, the Chapter 7 Bankruptcy Discharge will eliminate your personal liability of the tax lien assuming that the underlying tax debt is dischargeable in bankruptcy. This means that the Internal Revenue Service or Franchise Tax Board cannot issue an order for wage garnishment or bank levy. Moreover, the lien does not apply to future property you acquire after the Bankruptcy Discharge. …

The Recent Increased in California Bankruptcy Exemptions Benefits Chapter 7 and 13 Bankruptcy Filers as of April 1, 2016

On April 1, 2016, residents of California filing Bankruptcy will have an increase in exemptions to protect their assets. In a Chapter 7 Bankruptcy, the amount of exemption available determines how much assets you will be able to keep. For those filing Chapter 13 Bankruptcy, it determines the amount of your monthly payment to your unsecured, non-priority creditors. …

Is Co-Signer Liable for Debt if I File Chapter 13 Bankruptcy?

If you have relatives, friends, or someone who co-signed or guaranteed a consumer debt for you, the "Automatic Stay" extends to codebtors of your consumer debts upon Chapter 13 Bankruptcy filing.  Creditors usually require a co-signer or guarantor for a debt because the primary borrower does not have sufficient income or assets to get approval on her own.  The co-signer is just as liable for the debt as the primary borrower….

The Don'ts of Filing Chapter 7 or 13 Bankruptcy

If you are contemplating about filing for Chapter 13 or 7 Bankruptcy in Sacramento CA or Modesto CA Bankruptcy Court, you should NOT DO the following: …

Is IRS Offset of Tax Refund a Violation of Automatic Stay?

Here is the issue:  Debtor files for bankruptcy on February 1, 2016 but expects a tax refund for tax year ending in December 31, 2015 from the IRS.  Debtor owes tax to the Internal Revenue Services for prior tax years.  Can the IRS offset the tax refund for 2015 for the tax debts for prior years when Debtor filed for bankruptcy in 2016?  Is IRS offset of tax refund a violation of automatic stay?  It does not matter whether it is a Chapter 13 Bankruptcy or Chapter 7 Bankruptcy….

What Happens to Inheritance during and after Bankruptcy?

When a debtor becomes entitled (even though you have not received it) to an inheritance within 6 months of filing Chapter 7 Bankruptcy, the inheritance becomes a part of the bankruptcy estate.  If you do not have enough exemption to protect all of the inherited assets, the non-exempt portion of the inherited assets will be used to pay the creditors.  11 USC 541(a)(5)….

Clawbacks of College Tuition Payments in Sacramento Bankruptcy Court

Recently, there is a dispute between bankruptcy trustees and colleges over the application of the clawback provision of the Bankruptcy Code on college tuition paid by insolvent parents for the benefits of their children within several years of filing for bankruptcy.  The Bankruptcy code allows the bankruptcy trustee to recover transfer of assets or money prior to filing bankruptcy where the insolvent parent did not receive "reasonably equivalent value" for the transfer.  The parents did not receive benefit from the college tuition — it's their children….

How Chapter 13 Bankruptcy can provide Relief from Tax Debt Liability?

If you owe taxes to the Internal Revenue Services or Franchise Tax Board, Chapter 13 Bankruptcy might be a good option for you.

Chapter 13 Bankruptcy can provide relief from tax liability in the following ways:

1.  upon filing of your Chapter 13 Bankruptcy petition, the Internal Revenue Services and Franchise Tax Board must stop collection activities.  This includes wage garnishment and bank levy….

If One Spouse Files for Bankruptcy, What Happens to the Other Spouse?

It is a myth that both spouses must file for bankruptcy together.  One spouse can file for bankruptcy.

However, it might be better for both spouses to file bankruptcy jointly.  If one spouse file for bankruptcy, the non-filing spouse does not get the protection of automatic stay or bankruptcy discharge.

If both spouses are jointly liable to a creditor, the bankruptcy discharge of one spouse does not eliminate the liability of the non-filing spouse from paying the debt…

Does Bankruptcy Discharge of One Spouse Protect Community Property or Non-Filing Spouse?

Before answering this question, lets go over the basics of community property.

California is a community property state. How does living in a community property state like California affects property ownership interests and liability of debts during marriage? Property acquired during marriage is presumed to be community property. This is the default setting unless you can prove otherwise in accordance to California Family Code. Each spouse gets one half or equal, undivided interests in all community properties.

Property acquired prior to or after marriage is separate property belonging entirely to the person who acquired it. …

How does Filing Bankruptcy Effect Property Division during Divorce Proceeding

When one spouse files for either a Chapter 13 Bankruptcy or Chapter 7 Bankruptcy, "Automatic Stay" immediately comes into effect upon bankruptcy filing. Automatic Stay stops most legal action pending when the bankruptcy case is filed. If you are in a middle of a divorce (aka dissolution of marriage) proceeding and one spouse field for bankruptcy, the Automatic Stay stops the property division because the property rights of the filing spouse, including community properties, becomes part of the bankruptcy estate.

A debt created to the division of property in a divorce proceeding is not dischargeable in Chapter 7 Bankruptcy but is dischargeable in Chapter 13 Bankruptcy, assuming that the debt was not for the purpose of support. …

Medical Bills is the Leading Cause of Personal Bankruptcies — Sacramento Ranks Poorly among California Counties

It might surprise you to hear that medical bills is the leading cause of personal bankruptcies.  Sacramento County ranks poorly among California counties in hospital readmission and hospital admissions.  Emergency room visits are high in Sacramento California with an average rate of 290 of every 1,000 patients annually compared to statewide 228 of every 1,000 patients emergency room visits annually….

Raising Median Home Sales Price in Solano County California including Fairfield, Vallejo, Vacaville, Dixon, Benicia, Suisun City, Rio Vista & Effect on Bankruptcy Filing.

It is not a surprise that the median home prices in Solano County, California are on the rise compared to 2014.  According to CoreLogic DataQuick, the median price of home sold for July, 2015 was $321,500, a 26% increase than a year ago at $255,750. (Times-Herald)  By September, 2015, foreclosure rate for Solano County is 3.4 homes for every 1,000 homes (Zillow.com)

In a Daily Republic article dated September 12, 2015, here is the breakdown of median price of home sold for the cities in Solano County, California for the month of August, 2015: …

For More Bankruptcy Attorney Blog Click Here

This website is for informational purpose only and is not intended to take the place of consulting an experienced bankruptcy attorney.  Bankruptcy is complicated and there is no cookie cutter formula that works for every case.  Every topics, scenarios, and rules cannot be covered in a website.  You should consult an experienced bankruptcy attorney if you have financial problems.