Should You File Bankruptcy?

When is the Right Time to File Bankruptcy?

This is probably the most frequent question bankruptcy attorneys receive from prospective clients. Each person has a different point at which they are ready to file bankruptcy. There is no hard and fast rule of when a person should file bankruptcy.


When Should You File Bankruptcy Immediately?

There are some circumstances where bankruptcy should be filed right away. These situations include:

  • Imminent foreclosure sale of primary residence
  • The imminent repossession of critical property (such as the only car available for transportation to work)
  • The garnishment of wages or bank accounts
  • Seizure of property by government agency
  • Before judgment is rendered in a lawsuit

When Should You File Bankruptcy Without an Emergency?

The answer depends on a number of very important considerations:

  • Are my debts so big that I can't see ever paying them off?
  • Am I at risk of losing all of my savings just to pay my minimum payments on my debts?
  • Am I in danger of losing my car/house because I can't pay my bills?
  • Are creditors threatening to sue me over past-due bills?
  • Have creditors obtained judgments against me already?
  • Are creditors threatening to, or already are, garnishing my wages/bank accounts?
  • I have been unemployed for so long that I won't be able to get caught up?

These are just some of the reasons why people decide to file bankruptcy. Your reasons may be different. Filing bankruptcy is a very personal decision and the reasons why people file are as varied as there are people. No matter what the reason, if you want to file bankruptcy to get out from under debt that is crushing you, The Orange County Bankruptcy Attorney is here to help you.

If You Have More Questions


Please contact us if you have more questions or are ready to move forward and start the process of becoming debt-free. Remember, we are here to help you resolve your debt problems, so call us now!

(949) 954-7568