Chapter 7

Irvine Chapter 7 Bankruptcy Attorney

Get a Personalized Debt, Income, & Asset Review Before Filing

If unsecured debt, collection calls, lawsuits, or wage garnishment pressure has become unmanageable, Chapter 7 may provide a discharge of qualifying debts. Before recommending a filing, we review your household finances, property, recent transactions, and collection activity. Because not every debt is dischargeable or every asset protected, this analysis clarifies the potential benefits, risks, and alternatives before you submit a bankruptcy petition.

Call (844) 431-3851 for a free consultation with our Chapter 7 bankruptcy lawyers serving Irvine.

Chapter 7 Eligibility, Filing, & California Exemptions

Qualification, dischargeability, and asset protection are separate questions. The answer to each depends on your income, expenses, debt composition, assets, household circumstances, and recent financial activity.

The Chapter 7 Means Test

The Chapter 7 means test compares your current monthly income with the applicable California median. If your income exceeds the median, further calculations involving allowed expenses may be required. Passing the test doesn’t establish that every debt can be discharged or every asset is exempt.

The analysis also covers business interests, prior bankruptcy cases, recent creditor payments, property transfers, and other facts that could affect your case. Student loans, certain taxes, domestic support obligations, and other categories may receive different treatment under bankruptcy law.

The Chapter 7 Filing Process

Filing a petition generally creates an automatic stay, which pauses many collection activities. Its scope and duration depend on bankruptcy law, prior filings, the type of debt, and court orders. Cases for Irvine residents proceed through the Santa Ana Division of the United States Bankruptcy Court for the Central District of California, which serves Orange County.

A typical filing path includes:

Completing required pre-filing credit counseling
Preparing a petition, financial schedules, and supporting disclosures
Filing the case with the bankruptcy court
Attending the Section 341 meeting, where the trustee asks questions under oath
Completing the required debtor education course
Responding to trustee or creditor requests before discharge

California Bankruptcy Exemptions

California bankruptcy exemptions govern which property may be protected from administration by a Chapter 7 trustee. The court-appointed trustee reviews the filing and may administer nonexempt property for creditors.

Before filing, we examine equity in your home and vehicle, retirement accounts, and other personal property. We also review business interests, liens, and recent transfers. Keeping property that secures a loan may require continued payments and resolution of the creditor’s lien or reaffirmation requirements.

Continue Reading Read Less

Real Client Results

Conquering Your Mountain of Debt Since 1992

$1,043,087.06 settled for $492,701.56 Individual
Client Saved $27,433.00! UGH, I LLC.
$535,175.56 was settled for $375,000.00 Madison 65 Co
Client’s debt was reduced by $314,811.00! National Continental Insurance Company
$263,963.17 JUDGMENT VACATED! Los Angeles County Superior Court

View All Results

Individualized Chapter 7 Representation for Irvine Residents

We don’t treat bankruptcy as a standard form-filing exercise. We review the types of debt involved, including medical bills, credit card balances, student loans, and business liabilities. We also examine active collection efforts and the property you want to protect.

Beyond bankruptcy, we handle settlement and small business debt restructuring. Our court work includes creditor-harassment matters, lawsuit defense, sister-state judgments, and garnishments. This broader practice allows us to evaluate Chapter 7 alongside other strategies rather than assume bankruptcy is your only path.

Protecting Consumers in Orange County Since 1992

We have practiced debt protection law in Orange County since 1992, and Fitzgerald & Campbell was established in its current form in 2013. We are admitted before all California state courts and all four United States District Courts in California.

Managing Partner Gregory M. Fitzgerald is a former IRS tax auditor who served as an Orange County Judge Pro Tem from 1996 through 2006. He graduated first in his class from Southern California College of Law in 1990.

Our Case Analyst, Onboarding, and Legal Support teams provide guidance at defined stages of a case. This structure helps us organize financial records, prepare legal filings, and keep case communications on track.

When Another Debt-Relief Option May Fit Better

Chapter 7 isn’t right for every financial situation. Chapter 13, a court-supervised repayment process, may warrant consideration when someone has regular income, needs time to address certain arrears, or wants to retain property that may not be exempt in Chapter 7.

A nonbankruptcy approach may also be appropriate. We negotiate with creditors, pursue settlements, defend lawsuits, and work to contest judgments. We compare liquidation, repayment, settlement, and litigation-response strategies based on your debt, assets, active collection matters, and long-term financial objectives.

Preparing for Your Chapter 7 Case Assessment

An effective assessment begins with accurate records and a clear view of any urgent collection activity. Bring the documents you have, even if your file isn’t complete.

Useful records may include:

Recent income records and tax returns
Bank statements and regular household expenses
Credit card, medical, student loan, and business debt statements
Collection notices, lawsuit papers, and garnishment documents
Information about real estate, vehicles, retirement accounts, and other assets
Records of recent transfers or significant creditor payments

During the initial review, we identify pressing deadlines, pending lawsuits, garnishments, liens, recent transfers, and issues that could affect exemptions or dischargeability. Our Perfect Client Life Cycle sets standards for communication, transparency, and case management, while our legal technology helps us track creditor deadlines and court dates.

Continue Reading Read Less

Contact Fitzgerald & Campbell Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
How did you hear about us?
Please make a selection.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
- By checking this box, you agree to receive SMS messages from Fitzgerald & Campbell, APLC . Related to Customer Service, Appointment Remainders, Answering questions regarding legal situation, Case updates and Follow-up. You may reply STOP to opt-out at any time. Reply to HELP to 855-709-5788 for assistance. Messages and data rates may apply. Message frequency will vary.
  Learn more on our privacy policy page and Terms & Conditions.

Find the Right Path for Your Debt

During a free initial consultation, we can review your eligibility, debts, assets, and collection concerns. We can then compare Chapter 7 with another bankruptcy chapter, settlement, repayment, or a legal defense strategy. Based in Santa Ana, we serve Irvine residents and clients throughout California.

Call (844) 431-3851 to schedule your free consultation with Fitzgerald & Campbell.

Hear From Our Happy Clients

At Fitzgerald & Campbell, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"Great help from the start!"
Fitzgerald & Campbell were a great help from the start. Seeking their legal help for dealing with debt collectors was the right decision. The process was simple and straightforward, reducing my stress greatly for a reasonable price. Highly recommend!

- C.M.
"Clarity and prompt communication."
We were involved in a tricky sister-state judgment case from a vehicle accident in Nevada. Several attorneys were stumped, but Fitzgerald & Campbell provided clarity and prompt communication to vacate the judgment. The case is now dismissed without prejudice. Highly recommended.

- E.C.
"Fitzgerald & Campbell is Truly Praiseworthy"
I was in a difficult and stressful situation. I was sued and served over an old personal loan.
Fitzgerald & Campbell helped me to settle and lowered the judgment amount in less than a month.
This firm is outstanding and they care about their clients.
Thank you, Ms. Patricia Mendez for being so passionate and so helpful about my case.
Now, am stress free.
Fitzgerald & Campbell is a truly praiseworthy and highly recommended firm.
Thank you.

- E.A.
"You Are All Amazing"
Thank you very much, Ma'am for the immediate help.
You are all amazing!🙏🙏🙏

- E.A.
"Friendly hand to get you out."
Dealing with a judgment and wage garnishment, Fitzgerald & Campbell explained my options to settle and guided me through the paperwork. They handled all communication with the creditor, negotiating a settlement I could afford. They extend a friendly hand to get you back on your feet.

- S.J.

View All Reviews

"I've walked in your shoes! Let me do for you what I learned to do for myself." - Gregory M. Fitzgerald, Managing Partner

Schedule Your Free Consultation