Bankruptcy Lawyer Manhattan Beach
Relief starts with one honest conversation.
Both options stop most collection actions the moment you file. That court-ordered pause is called the automatic stay.
The stakes are real. Your home, your paycheck, and your credit are all at risk when debt goes unaddressed. An experienced bankruptcy lawyer can help you determine which path best fits your situation and which steps to take first.
The right legal guidance won’t just stop the pressure. It can help you build a path toward something better.
How We Help Manhattan Beach Clients Find Financial Relief
At Wenarsky and Goldstein, we start by looking closely at your full financial picture. We review your income, your debts, and what assets matter most to you. That review shapes everything we do next.
Most clients come to us with a mix of debt types — credit cards, medical bills, and sometimes missed mortgage payments. We sort through all of it. Then we match your situation to the right legal path: Chapter 7 or Chapter 13.
We help you see which option makes the most sense before you commit.
Chapter 7
Chapter 7 bankruptcy is often called “liquidation” bankruptcy. It is designed to wipe out most unsecured debts—such as credit card balances, medical bills, and personal loans—giving you a financial fresh start.
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The Trustee: A court-appointed trustee reviews your assets. They have the authority to sell (liquidate) your non-exempt property to pay back your creditors.
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Property Exemptions: Most people who file Chapter 7 do not lose their property. New York allows filers to choose between New York State exemptions and federal bankruptcy exemptions to protect their assets (such as a home, car, and personal belongings). You must choose one complete set of rules; you cannot mix and match.
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The Means Test: To qualify, your income must be compared against New York’s median household income. If your income is below the state median for your household size, you automatically qualify.
Chapter 13
Instead of wiping out your debt immediately by selling assets, Chapter 13 allows you to keep your property while catching up on missed payments through a structured, court-approved repayment plan.
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The Repayment Plan: You and your attorney propose a consolidated monthly payment plan to a court-appointed trustee. The trustee distributes this single payment to your creditors based on a strict legal hierarchy.
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Saving Assets (Foreclosure/Repossession Protection): Chapter 13 is highly effective for individuals facing foreclosure or vehicle repossession. It provides a mechanism to cure missed mortgage or auto loan arrears over time while keeping the asset.
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Timeline: The entire process takes 3 to 5 years of consistent monthly payments. Once you successfully complete all required payments under the plan, the bankruptcy court grants a formal discharge, wiping out any remaining balances on qualifying unsecured debts.
The Automatic Stay
The moment you file, an automatic stay goes into effect. This legally stops creditors from calling you, garnishing your wages, or pursuing lawsuits.
Chapter 7 and Chapter 13 Under One Roof
We handle both Chapter 7 discharge cases and Chapter 13 repayment plans in-house. If you need to keep property while catching up on mortgage arrears, we can map out a plan. If you qualify for a debt discharge through Chapter 7, we handle that too.
New York Bankruptcy Court Coverage
Manhattan Beach falls within the Eastern District of New York. Our firm serves all five New York boroughs, which means we are familiar with how that district operates — its filing requirements, trustee expectations, and local procedural rules. You are not working with attorneys learning a new court in your case.
Focused Practice That Stays in Its Lane
We do not take every type of case that walks in. Our focus stays on bankruptcy, estate planning, and related matters. That focus means our attorneys are not dividing attention across unrelated practice areas.
Frequently Asked Questions
1. Can I file for bankruptcy if I only live in Manhattan Beach part of the year?
Residency rules look at where you lived for most of the 180 days before you file — not where you happen to be right now. If Manhattan Beach is your primary home, you can file here even if you split time between states.
2. Will bankruptcy stop a lawsuit that's already been filed against me?
The automatic stay kicks in the moment you file and pauses most active lawsuits right away. There are exceptions — certain domestic support actions can move forward — so timing your filing matters.
3. How much does it cost to file for bankruptcy in California?
The court filing fee for Chapter 7 is $338; Chapter 13 is $313. Attorney fees vary, but we can walk you through what fits your budget.
4. Can I keep my car if I file for Chapter 7 in New York?
New York lets you claim a motor vehicle exemption of up to $4,825 or $11,975 if the vehicle is equipped for a person with disabilities.
5. What happens to my credit score after I file?
A bankruptcy filing stays on your credit report for 7 to 10 years, depending on the chapter, but many filers can start rebuilding credit within 1 to 2 years by using secured cards and paying on time.
Call the Law Office of Wenarsky & Goldstein
At the Law Offices of Wenarsky & Goldstein, LLC, our New York and New Jersey attorneys are experienced and knowledgeable in bankruptcy, estate planning and probate, guardianship, special needs planning, and real estate law. To learn more about how we can assist you with your legal needs, call us today at 973-453-2838.
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