Helping With Your Financial Future

Experienced Escondido Bankruptcy Lawyer

Located in Escondido, The Law Office of Judith A. Descalso represents individuals and small business owners throughout California in the legal areas of bankruptcy law. Our bankruptcy lawyer, Judith A. Descalso, is a certified by the State Bar of California as a bankruptcy specialist and has more than 25 years of legal experience. She and her legal staff pledge to provide legal services with the highest level of professionalism and integrity.

A Bankruptcy Attorney For All Your Debt Relief Needs

The Law Office of Judith A. Descalso provides all-purpose bankruptcy representation, including:

  • Chapter 7 bankruptcy: We help individuals file under Chapter 7 of the Bankruptcy Code. Our firm will dispel the rumors and myths of bankruptcy and help you get the relief you need.
  • Chapter 11 bankruptcy: We help individuals and business owners with significant secured debts who may not qualify for Chapter 13 with Chapter 11 bankruptcy. We will help you get through this complicated process and educate you for the future.
  • Bankruptcy and divorce: We assist clients who need to file bankruptcy either pre- or post-divorce. We understand the challenges of each and will help you through the process as efficiently as possible.
  • Bankruptcy alternatives: If bankruptcy is not the best option for you, we can help determine if debt consolidation or a debt settlement is right for you.
  • Mortgage foreclosure: Contrary to what you might believe, you may be able to keep your house if you still make the payments. We will help you weigh the pros and cons of foreclosure defense options.
  • Secured and unsecured debts: We will explain how a bankruptcy affects secured and unsecured debts and what types of tax considerations may arise.
  • Assets and exemptions: Need to know what is considered exempt under the California bankruptcy laws? We can help. We will explain what assets you can keep and answer questions you may have about reaffirming debts.
  • Tax considerations: We will walk you through tax issues that may arise in bankruptcy and how that may affect your particular situation.
  • Credit card debt: Learn how most, if not all, credit card debt can be eliminated in bankruptcy.
  • Protecting IRAs and 401(k)s: Based on various factors, you can protect ERISA-qualified 401(k) plans. IRAs can be exempted as well, based on what you need to support your family and your inability to rebuild an asset of that value. We will educate you on your options and work hard to protect the hard-earned money you saved for the future.
  • Should both spouses file?: Learn the benefits and considerations to having both spouses file for either Chapter 7 or Chapter 11 bankruptcy.
  • Can my creditor challenge my discharge: Yes. Learn more about how working with an experienced California bankruptcy attorney can likely yield the best outcome for your situation.
  • Myths about bankruptcy: Learn what myths exist about bankruptcy and what the actual benefits are.
  • Life after bankruptcy: You can begin to see the benefits of bankruptcy immediately after you file the petition. Learn how you can get a fresh start and what the benefits are after the petition is filed.

We are standing by to take on your case!

Frequently Asked Questions About Bankruptcy

At The Law Office of Judith A. Descalso, we listen carefully, answer questions honestly and guide debtors appropriately given their circumstances and goals. We hope to hear from you soon if you are considering bankruptcy in California. Meanwhile, we have provided some preliminary information below.

How can I determine whether bankruptcy is my best debt relief option?

Consider factors such as how far out of control your debt is, how quickly you hope to get back to a level playing field and whether other debt relief options might work instead. You may be able to negotiate reduced settlements with creditors who would rather receive partial repayment than have their entire loans to you wiped out through a bankruptcy discharge.

When should I file for bankruptcy?

The question of timing is an excellent matter to consider. If you have recently paid off a large loan, you may not be able to file for bankruptcy for a while because the bankruptcy court may say you showed preference to that creditor. However, you may realize bankruptcy will be your best long-term solution. A bankruptcy lawyer can help you determine the most advantageous time to file, based on your individual circumstances.

What type of bankruptcy should I choose?

If the required means test indicates that you qualify for a Chapter 7 bankruptcy, this may be your best option for getting debts discharged quickly. If you have home equity or other assets such as expensive cars that you hope to keep, Chapter 13 may allow you to balance financial reorganization with your customary lifestyle. Chapter 11 may be the best choice for your business if you hope to restore profitability.

If I file bankruptcy, what can I keep?

California offers two exemption schedules to choose from. At the same time, federal exemptions will apply in certain cases, such as with civil servants’ retirement assets. Many of our clients are able to keep most or all of their personal assets through and beyond bankruptcy.

After going through bankruptcy, how can I rebuild my credit?

As part of your bankruptcy, you may undergo mandatory credit counseling. Pay attention to the advice offered in that program. Once your bankruptcy is complete, you may be pleasantly surprised by the number of credit offers you soon receive. Proceed carefully and repay debts responsibly to rebuild your credit score.

How Can I Get More Questions About Bankruptcy Answered?

Contact our Escondido law offices at 760-670-4863 or by email to request a consultation.

Contact A Bankruptcy Lawyer

To schedule a consultation with our Escondido bankruptcy law attorney, please contact us online by filling out a brief contact form. We can also be reached by phone at our two offices. Our office is at 760-670-4863 or 760-670-4863.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.