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Common Questions About the Bankruptcy Process in Sacramento, CA

Filing for bankruptcy can feel overwhelming, especially if you’ve never been through it before. At Liviakis Law Firm, our Sacramento bankruptcy attorneys helps individuals and families understand their options and navigate each step of the process with clarity and confidence.

Below are some of the most common questions our clients ask when considering bankruptcy in Sacramento County.


1. Do I Qualify for Bankruptcy?

Most people who are struggling with debt qualify for some form of bankruptcy relief. Chapter 7 and Chapter 13 are the two most common types for individuals. Chapter 7 is usually best for those with significant unsecured debt and limited income, while Chapter 13 works well for people who can make monthly payments to catch up on secured debts like mortgages or car loans.

Sacramento bankruptcy lawyer can review your finances and help determine which option fits your circumstances.


2. Will I Lose My Home or Car If I File?

Not necessarily. Many clients keep their homes, cars, and personal property through California’s exemption laws or by filing under Chapter 13, which allows repayment of past-due amounts over time. Every case is different, so it’s important to discuss your assets with a knowledgeable attorney before filing.


3. How Long Does the Bankruptcy Process Take?

The timeline depends on which chapter you file. Chapter 7 cases usually last between three and five months, while Chapter 13 repayment plans span three to five years. Once your case is filed, creditors must immediately stop calling, suing, or garnishing your wages thanks to the automatic stay.


4. How Does Bankruptcy Affect My Credit?

Bankruptcy will appear on your credit report for several years, but most people begin rebuilding credit much sooner than they expect. Many of our Sacramento clients see improvement in their credit scores within a year or two after discharge. Bankruptcy can be the first step toward financial recovery — not the end of it.


5. Will Bankruptcy Erase All My Debts?

Bankruptcy can eliminate most unsecured debts such as credit cards, medical bills, and personal loans. However, certain obligations like child support, student loans, and recent tax debts are typically not dischargeable. We’ll help you identify which debts qualify for discharge so you know exactly what to expect.


6. Do I Need a Lawyer to File for Bankruptcy in Sacramento?

While it’s legally possible to file without one, the process is complex and mistakes can be costly. Having a local Sacramento bankruptcy lawyer ensures that your paperwork is accurate, your exemptions are fully used, and your rights are protected throughout the case.


Talk With a Sacramento Bankruptcy Attorney Today

Bankruptcy doesn’t have to be confusing — and you don’t have to face it alone. At Liviakis Law Firm, we’ve helped countless Sacramento residents regain financial stability and peace of mind through honest, personalized legal guidance.

📞 Call us today or schedule a confidential consultation to discuss your questions about the bankruptcy process in Sacramento County, CA.

Who Declares Bankruptcy?

A consumer bankruptcy petition is filed by the debtor (the person who is filing bankruptcy). Usually, the debtor is the head of the household and has a monthly income of less than the median income in the state. A business bankruptcy petition is filed by the owner of a business. The owner of the business is the debtor in a business bankruptcy.

What Is the Difference Between Chapter 7 and Chapter 13?

There are two common types of bankruptcy: Chapter 7 and Chapter 13. A Chapter 7 bankruptcy is known as a liquidation bankruptcy because it is used to eliminate debts by forcing repayment through the liquidation of non-exempt assets. Chapter 13 is known as a repayment bankruptcy because it is used to repay debts through a court-approved repayment plan based on your disposable income.

How Long Does a Bankruptcy Case Take?

The time it takes to finish a bankruptcy case varies depending upon the type of bankruptcy. A Chapter 7 bankruptcy case normally takes between three and five months. A Chapter 13 bankruptcy case takes between three and five years.

Are There Alternatives to Bankruptcy?

There are alternatives to bankruptcy. However, these alternatives are often a less impactful option for the debtor who is overwhelmed with unsecured debt. One alternative is to consider a debt consolidation; but these can be difficult to obtain if you are already behind on your payments with creditors. Generally, options like debt settlement and title loans are risky for resolving large amounts of debt. These alternatives also have disadvantages because creditors will attempt to collect debts from the debtor and may take legal actions against the debtor.

How Does a Bankruptcy Lawyer Help?

A bankruptcy lawyer will help a debtor understand the benefits and disadvantages of filing for bankruptcy. Once the decision is made to file for bankruptcy, the attorney will help draft the bankruptcy petition. The attorney will also provide counseling to the debtor to ensure that the debtor understands the bankruptcy process and the debtor’s rights and responsibilities.

Client Reviews

Mr. Liviakis is extremely knowledgeable and answered all of the questions that we had about our situation. He made a really difficult time manageable with his help and expertise. I would definitely recommend...

Lindsey Joyner

Mik is a great attorney. Very friendly & professional. Price is was bit high compared to other firms. Probably the highest I've seen. If price your thing, checkout other firms. Other than that, Mik will get the...

Oi Vinn

Mik helped us save our home and settle with creditors during the pandemic after we were forced to close our family business for over a year. I am forever grateful. He was kind and professional and followed up...

Jina and Steven Hale

Mr. Liviakis was timely and professional. He patiently answered questions and explained the process. He provided handouts that clearly outlined due dates. The firm's paralegal was very easy to work with. I...

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I nothing but great Experiences, and great service.

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