Law Offices of Michael J. Berger

Law Offices of Michael J. Berger
Michael J. Berger
9454 Wilshire Blvd., 6th Fl.
Beverly Hills, CA 90212
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Areas of Practice

Bankruptcy

Attorney Michael J. Berger serves the greater southern California region as a Certified Specialist in bankruptcy law. He represents both debtors and creditors in Chapter 7, 11 and 13 bankruptcy matters. He knows local courts, judges, trustees, and the law. He can look out for you in any bankruptcy proceeding. If you are being badgered by creditors, He can get rid of your debts and finally give you a fresh start. His fee is often less than others and he will save you and consultation is free. Contact Mr. Berger today if you are facing any financial hurdles.

Testimonials

Thank You!

My experience with Michael Berger and his team was exceptional. I had a time sensitive matter relative to my case and I was in danger of losing my home. Michael and his team helped me win big, keep my home, and helped me secure a lower monthly payment on my home. I am very proud to say that my matter has stabilized and I am no longer in any danger whatsoever, thanks to Michael Berger and his effective team

Wonderful Attorney
Going in to the offices of Michael Jay Berger was the best decision for my wife and I. I was suffering from terrible stress due to a large sum of money i was ordered to pay after an auto accident, and was beginning to loose sleep, and weight due to the pressure of the debt.
I looked up Michael Jay Berger online under a google search and after a brief phone conversation with Michael, i drove to Beverly Hills the next day for a consultation. He was extremely helpful and willing to answer ANY AND ALL questions I had about the matter and about bankruptcy in general. After discussing my options, I decided to file with him, and soon left his office with NOT ONE SINGLE DOUBT in my mind that he would successfully complete the job in my favor.
As it turns out he did, I filed for bankruptcy with Michael and my case was later discharged thanks to him and his team. I would recommend Michael Jay Berger to anyone seeking debt relief through bankruptcy. Michael Jay Berger was very loyal, trustworthy, and overall kind. Thank You soooo much! :)

The Best I have Ever Seen!

Michael J Berger and his team of professionals are absolutely the best I have ever seen. They are very patient and understanding with you. They do not judge you at all. They are in it with you until the very end. This Law Firm makes you feel as though you are their #1 client . Everything is explained to you , so you have no problems understanding what's go on. If I had to go through this all over again, I could not think of a better and more professional group of Lawyers.

Answers

Should I just allow foreclosing? This depends on the specific facts and circumstances of your matter.

Can I exclude my car or home when filing for bankruptcy? No. You may be able to exempt and keep your home and car, depending on the specific facts and circumstances of your case, but you must always list all of your assets when you file for bankruptcy.

Can I sell my house after bankruptcy? Yes, after your bankruptcy case is over.

What does the trustee do in the bankruptcy case? 1. To try to find and liquidate non exempt assets of the debtor for the benefit of creditors. 2. To keep the debtor honest and to get the debtor to supply documents and information to help the Trustee with #1 above.

How much is the fee for filing Chapter 7? The current filing fee for a Chapter 7 as of March 8, 2012 is $306.00.

Is it possible to file for a personal chapter 11 bankruptcy? Yes, individuals can file Ch 11, just as corporations and LLCs file Chapter 11.

If I have a share in a company that goes bankrupt will my credit score be affected? No. That will not affect your credit score.

Will filing bankruptcy get me in trouble with the collection agency? Filing bankruptcy will stop the collection agency from trying to collect from you. It will stop the collection agency from suing you. It will stop the collection agency from calling you and writing to you. It will not get you in trouble with the collection agency.

What happens if a bankruptcy trustee does not let me keep any assets exempt? Everyone is entitled to exemptions by law. In 30 years of practices as a bankruptcy attorney, I have never seen or heard of a case in which all assets of the debtor were liquidated. You should be able to keep at least some of your assets.

What can I do if I think my trustee was unfair in the liquidation decisions? The final decision about what assets are exempt and what assets can be sold in your bankruptcy case is up to the bankruptcy judge in your bankruptcy case. Your options including negotiation with the trustee or his counsel, or filing an appropriate motion in your bankruptcy case and letting the judge in your case decide.

How long are the payment plans on a chapter 13 bankruptcy? Chapter 13 plans typically last from 3-5 years, with most plans taking 5 years.

Should I close my bank account before filing for bankruptcy? Wells Fargo Bank and Union Bank freeze your bank account immediately upon your filing bankruptcy. If you bank at either one of these banks and need access to your money in the 30 day period after filing bankruptcy, you should remove your money from these 2 banks prior to filing bankruptcy. To my knowledge, these are the only 2 banks that do this in California.

Why does my credit report show that I attempted to file for bankruptcy? You can not "cancel" a bankruptcy file. Once you file the bankruptcy, there is a permanent record of your bankruptcy filing. This is true even if the case is later dismissed. You can try to dispute it on line at the credit reporting agency's website, but the listing in your credit report is accurate.

Can I file for bankruptcy at the same time as my spouse? Yes, you can file for bankruptcy at the same time as your spouse. Yes, it is better to do a joint filing. This will save you time and money. Attorneys usually charge the same fee regardless of whether or not it is an individual filing or a joint (husband and wife) filing. Filing 2 separate individual cases instead of one joint filing would most likely double your legal fee and would most definitely double your court filing fee. Also, if you file 2 separate cases, the Trustee in each case will wonder why. Overall, if you are married and not separated, it is best to file jointly if you both need to file bankruptcy.

Is bankruptcy the best way to settle my debt? Call a certified specialist in bankruptcy law and ask for a free consultation. This will allow your attorney to consider all of the relevant facts and give you the best advice.

What assests will be affected if I file for bankruptcy? You need to list ALL of your assets in your bankruptcy schedules. You will be able to keep all of your exempt assets. In most cases, all of the debtor's assets are exempt. Assets that are nonexempt may be sold for the benefit of your creditors. Before filing bankruptcy, you should get advice from an experienced bankruptcy attorney to help you determine if bankruptcy is right for you. Part of this process involves determining if all of your assets are exempt.

Can a creditor object to the discharge of my bankruptcy? Yes, a creditor can object to you receiving an Order of Discharge of Debtor. The creditor does this by filing an adversary proceeding against you pursuant to 11 U.S.C. Section 727, the statute that sets forth the grounds for objection to your discharge. You cannot prevent a creditor from objecting. If you receive such an adversary proceeding complaint, you need to defend and win the action in order to receive your discharge.

What is the 341 meeting in a bankruptcy? The 341(a) meeting is the first meeting of creditors. Every debtor in every bankruptcy case will need to attend a first meeting of creditors. In Chapter 7 and Chapter 13 cases, a Trustee is appointed to review the bankruptcy petition and schedules filed by the debtor, and to attempt to find and liquidate non exempt assets for the benefit of creditors. After the Trustee examines the debtor under oath, creditors may ask the debtor questions. The Trustee may continue the meeting of creditors to obtain documents or additional information from the debtor.

What should I do if my attorney is not helping me continue with the bankruptcy? If you can't get in touch with your attorney, you may have to get another attorney.

Do I have to disclose all my assets when filing for bankruptcy? Yes, you must disclose all of your assets when filing for bankruptcy. This includes assets that are in other countries. Hiding assets is grounds for denial of discharge, and is also a felony that could get you jail time and a serious fine. Foreign assets are considered the same as assets held in the United States. You need to tell the Court what these assets are and what these assets are worth. If your assets are covered by exemptions, you can keep them. If your assets are not covered by exemptions, and if they are worth enough to cover the cost selling them and still have money left over for your creditors, then the Trustee in your bankruptcy case may seek permission to sell them for the benefit of your creditors.

Can I declare bankruptcy on court fines? Court fines are not dischargeable in bankruptcy. You should list them in your bankruptcy schedules, but your obligation to pay them will not be wiped out by your bankruptcy filing.

Can filing a chapter 13 stop a judgment on a collection action? Yes. The filing of any bankruptcy petition stops litigation against the debtor. 11 U.S.C. Section 362 Automatic Stay is the statute that does this. If the person suing you wants to get permission to go forward with the lawsuit for any reason, such as to go after an insurance policy of to liquidate (but not collect) the claim, he or she needs to bring a Motion for Relief from Stay. For detailed advice with regards to the specific facts of your matter, call me.

Can I quit my job in order to file for bankruptcy? Yes, you can. Whether or not that is a good idea for you is something that you should discuss with an experienced, intelligent bankruptcy attorney. It is very rare for a debtor to have to quit his job to qualify for a Chapter 7 bankruptcy.

What is an automatic stay in bankruptcy? 11 U.S.C. Section 362 Automatic Stay is the statute that protects debtors from lawsuits, foreclosures, repossessions, wage garnishments, debt collection phone calls and letters while the debtor is in bankruptcy. The statute is complex, with sub-parts and exceptions that take up 8 pages in my code book. For complete information about how the automatic stay affects your case, consult with an experienced bankruptcy attorney like me.

What can I do if I am unhappy with my bankruptcy attorney? First, try to work things out with your current attorney if you feel that he is well qualified to represent you. Second, if you still are not happy, consider getting a new bankruptcy attorney. I recommend that you look for an attorney that is a Certified Specialist in Bankruptcy law, is AV rated by Martindale Hubbell, and has excellent client reviews.

Can my husband file a chapter 7 bankruptcy if his debt to income ration is high? There is no debt to income ratio requirement to file Chapter 7. My typical client owes as much as he or she makes in a year (100% debt to income ratio). To see if Chapter 7 is right for your husband, I will need more information about his income, expenses, assets and debts.

What should I do if I am being sued by my bankruptcy trustee? You need to consult with a certified specialist in bankruptcy law ASAP.

Will I lose my visitation rights if I file for bankruptcy? In my opinion, filing bankruptcy should not have any affect whatsoever on your visitation rights.

Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.