Credit Card Debt Lawyer in Stockton

Assisting Clients With Immediate Credit Card Debt Relief in California

Many people who are struggling to make their credit card payments are surprised to learn that they may be able to discharge their debt through bankruptcy. This is true even if you have never filed for bankruptcy before. When you work with our Stockton bankruptcy lawyers, we can help you determine if you are eligible to discharge your debt and get you on the path to financial recovery.


Contact us online or Call (209) 243-7560 today to schedule your initial consultation with our Stockton credit card debt attorneys. We proudly serve clients throughout the Central Valley and beyond.


Understanding Bankruptcy and Debt Discharge

When you file for bankruptcy, your debts will be discharged, meaning that you will no longer be legally obligated to pay them. You will be able to discharge most unsecured debts, including credit card debt, medical bills, and personal loans. You will not be able to discharge debts that are backed by collateral (such as a car loan or a mortgage), or certain types of debt, such as spousal support or child support.

In order to be eligible to receive a discharge of your debt, you must meet the following requirements:

If you meet these requirements, you will be able to receive a discharge of your unsecured debts. This means that you will no longer be required to pay back the credit card debt, medical bills, and personal loans that you owe. However, you will still be obligated to pay back debts that are backed by collateral or certain types of debt.

Types of Credit Card Debt You Can Discharge

Discharging credit card debt can be a great way to get out from under-crushing debt. If you have been struggling to make your payments, you may be surprised to learn that you can discharge your debt through bankruptcy. Our Stockton bankruptcy lawyers can help you determine if you are eligible to discharge your debt and get you on the path to financial recovery.

You may be able to discharge the following types of credit card debt:

  • Credit card balances
  • Overdue payments
  • Fees and penalties
  • Interest charges

In order to discharge your credit card debt, you must pass the means test. If you pass the means test, you will be able to discharge your credit card debt, even if you have used your credit cards irresponsibly in the past.

Qualifying for Debt Discharge with the Means Test

The Means Test for Credit Card Debt:

The means test determines whether you can afford to pay back your debt. Your income is compared to the median income for your family size, and if your income falls below the median, you are presumed to be unable to pay back your debt. If your income falls above the median, you will need to provide additional documentation to prove that you can afford to pay back your debt.

If you pass the means test, you will be able to discharge your credit card debt, even if you have used your credit cards irresponsibly in the past. If you fail the means test, you will not be able to discharge your credit card debt, but we can help you explore other debt relief options.

How Our Credit Card Debt Attorney Can Help You

Here’s how we can assist you:

  • Comprehensive Case Evaluation: When you contact us, we will thoroughly evaluate your credit card debt situation. We will review your outstanding balances, creditor actions, collection attempts, and any legal filings. This evaluation allows us to fully understand your financial position and recommend the most appropriate course of action for you.
  • Legal Protection from Creditors: We will protect your legal rights against unlawful creditor actions, like harassment, unfair debt collection practices, and creditor lawsuits. By intervening on your behalf, we can stop creditor harassment, stop wage garnishments, and provide you with peace of mind.
  • Negotiation with Creditors: We will negotiate directly with your creditors to pursue debt settlements, decreased payments, or alternative repayment plans. Our goal is to help you manage your credit card debt in a financially feasible way while preventing further damage to your credit score.
  • Bankruptcy Guidance: If your debt situation warrants filing for bankruptcy, we will guide you through the process, explaining every step in detail. Whether you are considering Chapter 7 or Chapter 13 bankruptcy, we will ensure that you understand the potential outcomes, including debt discharge and the impact on your financial future.
  • Tailored Debt Relief Strategies: Each client’s situation is different, so we develop customized strategies to help you achieve financial relief. Whether through debt settlement, legal defense, or bankruptcy, we craft a plan that addresses your specific needs and goals.
  • Long-Term Financial Planning: In addition to addressing your immediate credit card debt concerns, we are committed to helping you secure long-term financial stability. We will work with you to create a plan for managing future credit, avoiding debt traps, and improving your overall financial health.
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The Differences Between Chapter 7 and Chapter 13 Bankruptcy

Chapter 7 and Chapter 13 bankruptcy are two common types of bankruptcy filings, each with distinct characteristics that can affect how credit card debt is discharged.

Chapter 7 Bankruptcy is often referred to as "liquidation bankruptcy." This type allows individuals to discharge most unsecured debts, including credit card debt, without having to repay them. To qualify for Chapter 7, you must pass the means test, which compares your income to the median income for your state. If your income is below the median, you may qualify automatically. However, if it’s above the median, you will need to demonstrate that you cannot repay your debts. One key feature of Chapter 7 is that it can lead to the sale of non-exempt assets to pay off creditors. However, many individuals do not have to sell assets because exemptions allow for the retention of property like a home or car.

Chapter 13 Bankruptcy is known as "reorganization bankruptcy." It involves creating a repayment plan to pay back a portion of your debts over three to five years. Chapter 13 is generally suitable for individuals who have a steady income but cannot meet their debt obligations. This type of bankruptcy does not require the sale of assets, but you must make monthly payments according to your repayment plan. It may be ideal for those who are behind on mortgage or car payments and wish to catch up on those debts while still discharging credit card debt.

Impact of Bankruptcy on Your Credit Score

Filing for bankruptcy can have a significant impact on your credit score. Chapter 7 bankruptcy can lower your credit score by 100-200 points, while Chapter 13 bankruptcy typically has a less severe impact. Bankruptcy will remain on your credit report for 7 to 10 years, but its effects on your score will lessen over time.

Post-bankruptcy, rebuilding your credit score is possible by focusing on timely payments, responsible use of credit, and saving. On average, it can take 3 to 5 years to start seeing significant recovery, although many individuals begin to improve their credit score sooner, especially with Chapter 13, as they continue to make payments according to their repayment plan.

Filing for bankruptcy, whether Chapter 7 or Chapter 13, can help you regain financial stability by discharging credit card debt and halting creditor harassment. Chapter 7 offers immediate debt relief, while Chapter 13 provides a repayment plan that protects assets. Although bankruptcy affects your credit score, it offers a fresh start, allowing you to rebuild your finances over time. If you're struggling with credit card debt and facing creditor harassment, a credit card debt lawyer can help you navigate the best path to financial recovery.

Struggling with credit card debt? Law Office John Kyle & Greg Smith in Stockton is here to help. Our experienced credit card debt lawyers can guide you towards a debt-free future. Contact us today for personalized solutions and financial relief.

Call (209) 243-7560 or contact us online to speak with our credit card debt lawyer in Stockton from the Law Office of John Kyle & Gregory Smith.

What Makes Us Different?

  • Qualified Experience
    Over 30+ years of combined experience.
  • Free Consultations
    Schedule a free consultation with one of our attorneys now, we will give you the information you need to decide if bankruptcy is right for you.
  • Honest & Caring
    We take great pride in being known as a compassionate law firm that cares about our clients.
  • We Stand for What We Believe
    We stand behind our work with nine iron-clad guarantees, you'll be treated with the care and respect you deserve.
  • Se Habla Español
    We have Spanish speaking lawyers available to speak with you immediately.

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