About Timothy McCandless Esq.Bankruptcy (Chapter 7,11 and 13)
- Civil Defense
- Real Estate Law
- Family Law (including Divorce, Property Settlement, Child Custody and Child Support)
- Domestic Partnerships
- Business Protection (Start Up and Business Entity Formation)
- Employment Law
- Wage and Hour Law
- Criminal Defense
- Personal Injury law
The Law Office represent clients throughout Southern and Northern California. Our San Francisco Branch handles all intake and paralegal case management for all Northern and Southern California Clients. Our Firm represents clients from San Francisco to San Diego including but not limited to all counties of Clairemont, Pacific Beach, Mission Hills, Kensington, Point Loma, Ocean Beach, La Mesa, Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, Lemon Grove, National City, Oceanside, San Diego County, Imperial County, Riverside County, San Bernadino County, Orange County, Los Angeles and our main paralegal office in San Francisco Office to service walk ins by appointment only in Northern California.
~Free Initial Consults. Bankruptcy filing recommended only when it is your best option.
~File Bankruptcy From Home--no office visits required. Don't let distance be a factor!
~20+ years' experience handling bankruptcy cases for debtors and creditors, business and personal, under all Chapters
~NOT a bankruptcy factory or mill. Responsive, personal service by attorney who cares about you. Our staff is ready to service your interests !
~Affordable Fees. Payment plans available in most cases.
What Makes Our Firm Different?
CONVENIENCE: Our firm structures our bankruptcy law practice in a way to maximize the convenience to my clients, making the process as quick, easy and painless as possible for them, while also maintaining the efficiency and quality of my representation. Among other ways I do this by handling the vast majority of work in cases via telephone and e-mail thereby reducing unnecessary time spent traveling for my clients.
I proudly invite you to take a look at some testimonials sent to us by former clients.
ALL WORK DONE BY OUR STAFF OF ATTORNEYS: All legal work done on your case is done by the law firm. Except for large business reorganization cases.
FREE INITIAL CONSULTATION: I offer free initial phone consultations (certain days office appointments are also free) and all appointments and consultation information can be submitted easily online. This enables me to review your information, anticipate problems and request additional information before our initial appointment. The reason for this is to maximize the accuracy and efficiency of our meeting because I value your time.
AVAILABILITY: I'm available by e-mail throughout the day (and often much of the night) by e-mail to address client concerns
PROFESSIONAL AND AFFORDABLE: In short, my philosophy is to help my clients accomplish their goals by handling their case the right way the first time for a fair and competitive fee.
Take the next step to see if filing bankruptcy, whether it be Chapter 7, Chapter 13, or Chapter 11, is the best option for you and schedule a no obligation and free phone consultation.
E-FILE: Bankruptcy cases filed or to be filed in all California counties.
If you live in California or the bankruptcy case affecting you was a filing in California), contact me now to schedule a consultation to see if it is in your best interest to file.
Mr McCandless esq is a federally qualified debt relief agency (lawyer and attorney) and, among other services, provides legal assistance to people and businesses seeking relief under the United States Bankruptcy Code.
What is Bankruptcy?
Bankruptcy is a system of laws and courts which govern the rights of debtors (borrowers) and creditors (lenders) when a person or company can no longer meet their financial obligations. The framers of the constitution knew the importance of a clean start for our society. Article 1, section 8 of the US constitution grants Congress the power to establish uniform bankruptcy laws throughout the United States.
Bankruptcy is meant to pay out creditors in a fair and uniform way from the remaining assets of the person or company. Once the process is completed the person or company involved is freed of previous financial obligations, even if their prior debts were not paid in full.
Who is affected by Bankruptcy?
Basically anyone can find themselves faced with navigating the bankruptcy system, especially these days. From Donald Trump, to former professional athletes to your next door neighbor, bankruptcy is a common avenue for getting back on track.
Bankruptcy filings continued their upward march, nearing 379,000 for the first quarter of 2010, an increase of 17 percent from the first three months of last year.
There were more than 6,200 bankruptcy filings per day in February 2010 and nearly 6,900 filings per day in March 2010, according to data from AACER (Automated Access to Court Electronic Records). That compares to less than 5,500 per day in February 2009 and fewer than 6,000 per day in March of last year.
California continues to lead the nation in 2010, with more than 59,000 filings for the first quarter of the year. In 2009 more than 1.4 million
personal bankruptcy petitions were filed, according to AACER, up nearly one-third over 2008.
This year's bankruptcy filings are expected to reach at least 1.5 million, which was the annual average before the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was approved.
How does the Bankruptcy process work?
Like any legal process, the bankruptcy process can become quite complicated. The process for each individual bankruptcy is first determined by which chapter of bankruptcy code (law) the financial situation fits into. Here is a quick summary of the common ones:
The most common type of bankruptcy, it's known as liquidation. A trustee is appointed who collects the non-exempt assets of the debtor, sells it and distributes the proceeds to the creditors. The law outlines what is protected from liquidation so it is important to contact an attorney early before you spend money that may be not included in the liquidation process.
In these types of bankruptcies a plan is established where future earnings are used to pay off creditors. There may or may not be a trustee involved in these cases.
For more information on the process and how your situation may be resolved, please contact us today for your clean start.
Personal Bankruptcy Lawyers
In today's economy, millions of people are financially stretched. A missed paycheck, a divorce or an unexpected medical expense can trigger a financial disaster.
Are you searching for a way to avoid foreclosure on your home or repossession of your car? Are creditors calling at all hours of the day and night?
A New Beginning
Personal bankruptcy can be a lifeline for people who are drowning in debt. If you have gotten in way over your head and can't see a way out, don't give up. Contact Bankruptcy Attorney Aguilar today. The initial consultation is free of charge.
No longer something to be ashamed of, personal bankruptcy is a tool for taking control of your finances and your future. It's a way to get a fresh start and rebuild your credit rating.
Bankruptcy vs. Credit Counseling
No loan consolidation, credit counseling or debt settlement service can transform your financial situation in the way bankruptcy can. Did you know that bankruptcy can:
* Stop foreclosure
* Stop repossession
* Stop harassing phone calls
* Stop wage garnishment
* Stop bank account garnishment
* Stop debt-related lawsuits
Life after Bankruptcy
Don't worry that you will never be able to get a loan or a credit card after filing bankruptcy. You may be able to get a credit card with a small limit soon after filing. By showing that you can keep up with your new financial plan, your credit rating can improve dramatically within as little as a year. Until then, you can still get credit, although at higher interest rates.
Our experienced bankruptcy lawyers will review your assets and debts and explain all of your options. You may be eligible to file for Chapter 7 bankruptcy and eliminate the vast majority of your debt. If you have a regular source of income you may be able to file for Chapter 13 bankruptcy and reorganize your debt into one affordable payment.
In the vast majority of cases, people who file bankruptcy can keep their homes and other possessions. To learn more please contact us today to arrange a free consultation.
WHICH CHAPTER OF BANKRUPTCY IS RIGHT FOR YOU?
Do you need to file bankruptcy? And if you do, how do you know which Chapter of Bankruptcy to file under or which one you qualify for? Which chapter is right for you? Ultimately, the answer to this is to have a comprehensive consultation with an experienced bankruptcy attorney, because it is a very complex analysis which takes into account a lot of different factors.
However, this page should provide somewhat of a basic roadmap to help in making your determination on where to at least look to determine if you need to file bankruptcy and, if so, under which bankruptcy chapter.
Click Here to see a helpful video on the different bankruptcy chapters.
A. Are you a corporation or partnership? If so, your only options are Chapter 7 or Chapter 11.
B. Are you an individual or married couple? If so, any chapter may work for you depending on your circumstances.
In general, Chapter 7 is the least expensive and quickest bankruptcy. It allows you to discharge your debts (those that are dischargeable) without doing any repayment. The risks and problems with Chapter 7 are:
1. While it is usually not an issue, in some cases your assets may be at risk, depending on their value and whether you have sufficient exemptions available to protect them
2. You may not be eligible for Chapter 7 if your income presently, or for the 6 months prior to filing is too high.
Chapter 13 does everything a Chapter 7 does, but gives more options. The tradeoff is that it is more expensive and time consuming. In Chapter 13 you can:
1. Keep all your assets
2. Remove certain liens against property
3. Catch up on past due payments on mortgages
and much more.
The "tradeoff" in a Chapter 13 is that you must do a repayment plan over 36-60 months. The amount of the monthly payment will depend on a number of factors, including your income and the non-exempt equity in your assets.
Chapter 11 was designed for businesses, but individuals can (and sometimes must) file under this chapter. Chapter 11 is very involved and expensive, but offers a lot of flexibility and options. In Chapter 11, like in Chapter 13, you have to propose a repayment plan based on your income and other factors, but unlike in Chapter 13 your creditors in a Chapter 11 case get to vote for or against your Plan of Repayment.
Chapter 11 may be necessary for individuals who don't meet the strict debt limits for a Chapter 13, which are presently $360,475 for non contingent, liquidated unsecured debts, and $1,081,400 for non contingent, secured debts.
Chapter 11 bankruptcy starts at $20,000 and payment of $1500 per month for complete foreclosure defense based on the specific details of the case and very complex.
Bankruptcy - Our Related Services
Complete this Client Intake and submit to our firm:
Look up information:
- Bankruptcy intro from USCourts.gov
- Bankruptcy basics from UScourts.gov
- Bankruptcy Overview from Cornell Law School's Legal Information Institute
- Bankruptcy Law: Facts and History from McGeorge School of Law (University of the Pacific)
- Bankruptcy Statistics
LEGAL DISCLAIMER: Materials on this web site are for informational purposes only. These materials do not constitute legal advice, should not be considered as legal authority, and do not create an attorney-client relationship. You should not act or rely upon these materials without seeking professional counsel. Sending e-mail also does not establish an attorney-client relationship. An attorney-client relationship can only be established by mutual written consent with an attorney. Unless and until an attorney-client relationship is established, e-mail and other communications sent may not be privileged. This site and the content herein may be considered an advertisement under regulations of the California State Bar.