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Consumer & Business Bankruptcy Laws

Bankruptcy is authorized by The United States Constitution which states in Article 1, Section 8, Clause 4, Congress may enact “uniform Laws on the subject of Bankruptcies throughout the United States.” Congress first enacted Bankruptcy legislation in 1801. Over the years, there have been numerous amendments, additions and changes to the Bankruptcy laws. Bankruptcy as we now know it, was implemented by the adoption of the Bankruptcy Reform Act of 1978, codified in Title 11 of the United States Code, commonly referred to as the Bankruptcy Code. Since 1978, the Bankruptcy Code has been amended several times, most recently in extensive amendments in 2005 through the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 or BAPCPA.

There are six Chapters to Bankruptcy

Most consumers in Orange County will find themselves in either Chapter 7 or Chapter 13. To learn more about the various Chapters of Bankruptcy please click on the appropriate link to the left, or click on the FAQ to answer some of the common questions about Bankruptcy.

Regardless of what any collection agency might tell you, Bankruptcy is not a moral decision, rather it is your Constitutional Right! When a bill collector tells you can’t file for bankruptcy or you are a bad person for not paying your debts, remember our Founding Fathers deemed Bankruptcy important enough to mention it in the Constitution.

Please call us at (714) 465-4433 or contact us for a free consultation.