Bankruptcy

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The law firm of Heston & Heston in Irvine represents both consumers and small businesses of Orange County facing debt relief problems. Our lawyers have more than 34 years of experience each and are both Certified Bankruptcy Law Specialists. Our attorneys will help determine what type of debt relief strategy is best for clients, considering specific needs and future goals:

  • Chapter 7 — Most debt can be discharged in a Chapter 7 case. We evaluate whether clients are good candidates for Chapter 7 relief after reviewing their assets, debts, income and other circumstances under the Means Test. Other non-bankruptcy options will also be discussed.
    With a Chapter 7 bankruptcy, most unsecured debt can be discharged, including

    • Credit card debt
    • Medical debt
    • Personal loans
    • Judgments
    • Income tax debts under certain circumstances
  • Chapter 13 — In a Chapter 13 bankruptcy, the client’s debts are reorganized and clients make monthly payments for a period of three to five years after which the balance owing on their debts including accrued interest is discharged. A Chapter 13 is a means of getting mortgage payments caught up even if a foreclosure proceeding has already been started, and even if a prior Chapter 7 case was filed. Second trust deeds on a client’s home can often be eliminated in a Chapter 13 through a process known as lien stripping which can save clients very substantial amounts of money. Additionally, a Chapter 13 can prevent the loss of property if it would otherwise be sold in a Chapter 7 case and can save money in paying recent years’ tax debt which would be non-dischargeable in a Chapter 7 case.

Once clients retain our firm, they can refer their creditors to our office to stop the harassing creditor calls. Under Chapter 7 or 13, once the bankruptcy petition is filed, an automatic stay goes into effect which immediately stops all creditor collection actions including bank levies, wage garnishments, foreclosures, repossessions, and lawsuits.

Chapter 7 and Chapter 13 bankruptcy are two of the options available to small business owners. Our attorneys are adept at finding ways to save our clients’ businesses, restructure or eliminate debt, and help them move forward with a fresh start.

We have extensive experience handling crossover issues involving bankruptcy and family law issues. For clients preparing for divorce, it is important to consider all options available. As a Certified Bankruptcy and Family Law Specialist, Richard Heston is uniquely qualified to address these complex overlapping areas. We are represent individuals and small businesses in issues dealing with bankruptcy, family law, and estate planning and probate. We are located in Irvine and service clients in the surrounding cities of Orange County, Los Angeles County, and Riverside County.

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