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Chapter 7

Chapter 7 bankruptcy can clear all unsecured debts off your record in just four months. While it can be a quick and easy option, not everyone can qualify.

Chapter 13

Chapter 13 allows you to keep your secured assets, such as your home or car, while eliminating unsecured debt like credit cards and medical bills.

Debt Settlement

When people face extraordinary financial circumstances, they get scared. They think bankruptcy is the only answer, and for many, there is stigma associated with bankruptcy.

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Ontario Bankruptcy Lawyer

Filing bankruptcy while living in Ontario does not mean walking into a courthouse in Ontario. Your case is assigned to a federal division based on your home zip code, and for San Bernardino County residents that means the Riverside Division of the U.S. Bankruptcy Court for the Central District of California. Wadhwani & Shanfeld is a consumer bankruptcy and debt relief law firm that handles Chapter 7, Chapter 13, debt settlement, foreclosure defense, wage garnishment, and creditor lawsuits for Ontario and Inland Empire families, and files in every division of that court.

If you are searching for an Ontario bankruptcy lawyer, you are probably dealing with something concrete: a garnished paycheck, a levied bank account, a summons from a collection firm, a notice of default on your mortgage, or a car that is about to be repossessed. The right move depends on which of those is closest to its deadline, and the deadlines are shorter than most people expect.

Why Choose Wadhwani & Shanfeld for Your Ontario Bankruptcy Case

For Ontario residents, that means the Inland Empire, including Rancho Cucamonga, Upland, Fontana, San Bernardino, Pomona, Chino, Chino Hills, Montclair, Claremont, and the surrounding communities. Clients speak directly with an attorney from the first call, and cases can be handled entirely by phone, email, video, and online chat, with 100% virtual consultations available. The first consultation is free.

The firm is led by two Board-Certified Specialists in Consumer Bankruptcy through the American Board of Certification, a designation held by a small fraction of attorneys nationally. Raj Wadhwani, a founding shareholder and partner and a Southwestern Law School graduate, helped pilot the Best Case Bankruptcy software in 1998 and was the first attorney to file a bankruptcy case electronically in the Central District of California. Greg Shanfeld, also a founding shareholder and partner, earned his law degree at the University of Southern California and has handled more than 10,000 bankruptcy cases over three decades. Together, the firm’s attorneys bring more than 90 years of combined legal experience.

That experience matters in the Inland Empire because the choice of exemption system, the timing of a filing against a sale date, and the decision between Chapter 7, Chapter 13, and a non-bankruptcy settlement are all judgment calls where a mistake can cost property. When a garnishment, foreclosure sale, or repossession is days away, the firm acts fast, and it will tell you plainly if bankruptcy is not the best answer.

Debt Situations That Bring Ontario Residents to a Bankruptcy Attorney

  • Wage Garnishment: A creditor with a judgment can take a portion of each paycheck. On an ordinary judgment, the cap is the lesser of 20% of weekly disposable earnings or the amount by which those earnings exceed 48 times the applicable minimum wage, with higher multiples for biweekly, semimonthly, and monthly pay. Filing a bankruptcy case triggers the automatic stay, which stops most garnishments when the case is filed.
  • Bank Account Levies: Judgment creditors can freeze and levy checking accounts. California automatically protects a set amount per judgment debtor without any claim being filed, but that protection does not cover levies for wages owed to others, support, or debts owed to the state.
  • Credit Card and Medical Debt: Unsecured balances like these are typically dischargeable in Chapter 7 if you pass the means test, which compares your household income to the California median for your household size.
  • Mortgage Default and Foreclosure: Homeowners behind on payments can use Chapter 13 to stop a sale and spread the arrears over a plan lasting three to five years. In some cases a wholly unsecured second mortgage can be stripped off.
  • Auto Repossession and Deficiencies: Workers who commute across the Inland Empire depend on their vehicles. Chapter 13 can help you keep a car you are behind on, and Chapter 7 can eliminate a deficiency balance after a repossession.
  • Collection Lawsuits and Judgments: Suits from firms representing credit card companies and debt buyers can end in default judgments if no written answer is filed. Bankruptcy halts the case and can eliminate the debt behind it.
  • IRS Tax Debt: Some older income tax debt can be discharged if it meets specific timing rules, and the firm also represents clients with the IRS to stop levies and set up payment arrangements.
  • Small Business and Self-Employment Debt: Owners of failed or struggling small businesses often carry personal guarantees that follow them home, and the firm handles small business bankruptcy and business debt solutions.

What to Do Now If You Are Behind and Collectors Are Closing In

Start by sorting your paper by deadline, not by amount. A summons has a response deadline. A notice of sale has a sale date. A repossession notice has a redemption window. A garnishment order is already costing you every payday. Whatever is closest to expiring decides what happens first, and that is what to tell the attorney on your first call.

If you have been sued, do not ignore the summons. For many consumer debts, the clock for a creditor to sue runs four years on a written contract and two years on an oral one. But an expired deadline is a defense you must raise in a written answer. If you do nothing, a court can still enter judgment. Also be careful about sending a small payment to make a collector go away: in California, a payment cannot revive a debt that is already time-barred, but dealing with collectors without advice can still create problems you did not expect.

If your home is in foreclosure, the timeline is more forgiving than people fear, but it is not endless. A sale date cannot be set earlier than three months and 20 days after the notice of default is recorded. The notice of sale must be mailed and posted at least 20 days before the sale, and you can reinstate a monetary default until five business days before the sale. Bankruptcy can stop a sale at any point before it happens, but a filing prepared in a rush is worse than one prepared in a few focused days, so call as soon as you receive the first notice.

If your car was repossessed, the lender must give at least 15 days’ written notice before selling it, and you can ask in writing for a 10-day extension of the redemption period. A deficiency is owed only if the notice was timely and complete, and you can request an accounting after the sale. Those rules give you leverage, and a bankruptcy attorney can use them.

Gather your last two years of pay stubs, tax returns, recent bank statements, a list of every creditor and collector, and any court papers or notices. Then call. A free consultation costs nothing, and you can have it by phone or video from your home.

Where an Ontario Bankruptcy Case Is Actually Filed

Federal bankruptcy cases are not filed in county courts. For Ontario and the rest of San Bernardino County, your petition is filed with the U.S. Bankruptcy Court for the Central District of California, and the Riverside Division, which also serves Riverside County, handles your case. Your street address, not a P.O. box, determines the division. Because the firm files in every division of that court, a client who moves or has a mailing address in another county does not need to find a new lawyer.

Your creditors’ lawsuits are a different matter. Collection suits and judgments are handled by the San Bernardino County Superior Court, which hears civil cases at its San Bernardino Justice Center and, for matters within their jurisdiction, at its Rancho Cucamonga and Fontana courthouses. When a bankruptcy is filed, the automatic stay halts those state court cases, and the bankruptcy court takes over the question of what happens to the debt.

Most Chapter 7 cases are completed in roughly four months. In Chapter 13, a plan runs three to five years, and creditors are bound once the court confirms it. In both chapters, an Ontario filer attends a meeting of creditors, usually without any creditor showing up, and a trustee reviews the paperwork. Accuracy on the petition matters, because mistakes can cost you property or your discharge.

Choosing Between California’s Two Exemption Systems

California does not allow the federal exemptions. A filer must choose between two state systems and stay with that choice for the entire case. One system includes a homestead exemption that is tied to the county’s median single-family home price within a statutory floor and ceiling, adjusted annually for inflation. The other offers a smaller residence exemption but a flexible wildcard that can be applied to any property, which often suits renters or people with little equity.

To use California’s exemptions, you generally must have lived in the state for at least 730 days before filing. The dollar amounts in both systems are adjusted on set schedules, so the numbers an attorney runs for you today are the ones that count. For most clients, the choice protects the house, the car, retirement accounts, and tools of the trade completely, which is why the vast majority of Chapter 7 clients keep everything they own.

Ontario Bankruptcy Questions, Answered

Will I lose my house if I file bankruptcy in Ontario?

Most clients keep their homes. In Chapter 7, the question is whether your equity falls within California’s homestead exemption and whether you are current on the mortgage. If you have more equity than the exemption covers or you are behind on payments, Chapter 13 lets you keep the home and catch up over time.

How fast does bankruptcy stop a garnishment or lawsuit?

Immediately upon filing. The automatic stay takes effect the moment the petition is filed, and creditors must stop collection activity, including garnishments, bank levies, repossessions, lawsuits, and foreclosure proceedings. In an emergency, the firm can often prepare and file quickly.

Do I have to drive to a court or an office to file?

No. The firm handles cases fully by phone, email, video, and online chat for clients anywhere in Southern California. Inland Empire clients are welcome to meet in person if they prefer, but it is not required.

Which debts can bankruptcy eliminate, and which survive?

Most unsecured debts can be discharged, including credit cards, medical bills, personal loans, payday loans, and deficiency balances. Some older income taxes can also be eliminated if they meet timing rules. Child support, alimony, most student loans, most government fines, and debts for injuries caused by drunk driving generally cannot be discharged.

Can my employer fire me for filing?

No. Federal and California law prohibit an employer from firing you solely because you filed for bankruptcy. California law also bars an employer from firing you because your wages are garnished for a single judgment. Your employer is not automatically notified, though it may learn of the case if it is a creditor or if Chapter 13 payments come out of your paycheck.

A debt collector sued me over an old debt. Is it too old to collect?

Possibly. A creditor generally has four years to sue on a written contract and two years on an oral one. But the court will not apply the deadline on its own. You must raise it in a timely written answer. Only a signed written acknowledgment can restart the clock on a debt, and a payment cannot revive one that has already expired.

How long does a judgment against me last?

A California money judgment can be enforced for 10 years from entry, and it can be renewed by application. For judgments on medical expenses under $200,000 and personal debts under $50,000, renewal is limited to one time for five years. A judgment lien that is still alive can follow you into a home sale, so it is worth addressing, and bankruptcy can often eliminate the debt underneath it.

Can I file again if I have filed before?

Yes, subject to waiting periods. You must wait 8 years between Chapter 7 filings, 4 years to file Chapter 13 after a Chapter 7, 2 years between Chapter 13 filings, and generally 6 years to file Chapter 7 after a Chapter 13, though that last period can be shortened if your plan paid enough to unsecured creditors.

Is a collector violating the law if it harasses me over a debt?

Possibly. California’s Rosenthal Act covers original creditors as well as third-party collectors. A consumer can recover actual damages, and a court can add $100 to $1,000 if the collector acted willfully and knowingly. The suit must be brought within one year, and a prevailing consumer can recover attorney fees. Tell your attorney about every call and letter.

Can a paralegal or notary file my bankruptcy for me?

A bankruptcy petition preparer can type information into forms but cannot give legal advice, choose your exemptions, or represent you if a creditor or trustee objects. A mistake in the filing can cost you property or your discharge, which is why representation by a bankruptcy attorney matters.

How long will bankruptcy hurt my credit?

A Chapter 7 can remain on your credit report for up to 10 years from filing, and bureaus typically remove a Chapter 13 after 7 years. The impact on your score fades well before then, and many clients begin rebuilding within the first year with a secured card, on-time payments, and low balances.

Serving Ontario and the Inland Empire Bankruptcy Clients

Our Ontario bankruptcy attorney team represents residents of Ontario and the surrounding Inland Empire, including Rancho Cucamonga, Upland, Fontana, Montclair, Chino, and Chino Hills in San Bernardino County, along with San Bernardino itself. We also work with clients in the eastern San Gabriel Valley communities of Pomona, Claremont, Glendora, and West Covina, and across Riverside County, including the city of Riverside and the Coachella Valley.

Beyond the Inland Empire, the firm represents clients throughout Los Angeles County, including Los Angeles, Long Beach, Torrance, Compton, Inglewood, Santa Clarita, and the Antelope Valley cities of Lancaster and Palmdale, as well as San Fernando Valley communities such as Sherman Oaks, Van Nuys, and Northridge. In Orange County, we help families in Anaheim, Santa Ana, Garden Grove, Fullerton, Huntington Beach, and Costa Mesa. Wherever you live, a bankruptcy lawyer serving Ontario can handle your case remotely and file it in the correct division.

Talk to an Ontario Bankruptcy Attorney Before the Next Deadline

You do not have to wait for a sale date or a court deadline to get answers. Call Wadhwani & Shanfeld for a free consultation with an Ontario bankruptcy attorney who can review your income, property, and debts, explain every option inside and outside of bankruptcy, and tell you honestly which path makes the most sense. Consult by phone or video from home, or arrange to meet in person if you prefer. The sooner you call, the more options you keep.

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Frequently Asked Questions Get Answers To Your Questions About
Bankruptcy And Debt Reduction
  • Will my employer find out I filed for bankruptcy?

    Your employer will not automatically be notified if you file for bankruptcy. Unless you tell them, there is no reason they will find out about it, except in certain circumstances. For instance, your employer could find out about your bankruptcy in the following situations:

    • If you owe your employer money for some reason, they are a creditor who will be notified of the bankruptcy.
    • If your wages are currently being garnished to pay debts, a bankruptcy filing puts an automatic stay on that garnishment. Your employer will be notified about the stay and ordered to stop garnishing your wages, so they’ll find out about your bankruptcy that way.
    • If you file a Chapter 13 bankruptcy, the repayment plan might include wage deductions to go toward the plan. This is for your benefit to help you stick to the plan, but your employer would become aware of the bankruptcy when ordered to make the deductions.

    Even if your employer does find out you filed for bankruptcy, that fact should not get you fired or subject you to otherwise unfavorable job treatment. If you become the subject of some adverse job action after filing and think you are being unfairly treated, a labor and employment lawyer might be able to help you.

    If you are applying for a new job and have a bankruptcy on your record, this fact will come to light if the employer runs a credit check. Government employers are not permitted to use a bankruptcy against you in making a hiring decision, but private employers are not prohibited from doing so.

  • Can I save my property if I file for bankruptcy?

    Yes! One of the biggest worries we hear from people who have heard the word “liquidation” in connection with bankruptcy is the fear that all of their property will be seized and sold to pay their creditors as part of the bankruptcy process. Chapter 13 does not require you to relinquish any property at all, and in Chapter 7, the bankruptcy trustee can only take assets that are “non-exempt.” We work diligently through the entire list of available exemptions, and in almost every case we handle, our clients don’t lose any of their property as a result of filing for bankruptcy. They do lose most or all of their debt, though!

  • How much of my wages could get garnished by a creditor?

    A creditor with a court order in hand can seek to garnish your wages to cover what you owe them. They can take a pretty big bite out of your wages, but there are limits. Under federal law, creditors cannot garnish more than 25% of your disposable income or the amount of your disposable income that is over 30 times the federal minimum wage. California provides even stronger consumer protections. Here, creditors are limited to 25% of your disposable income or half the amount of disposable income that is over 40 times the California minimum wage (or the local minimum wage if higher than the state minimum). It’s also possible to get an even bigger exemption in California based on a showing of need.

    Filing for bankruptcy invokes an “automatic stay” on all debt collection, including wage garnishments. Wage garnishments stop as soon as you file for bankruptcy, and if the debt behind the garnishment is dischargeable, bankruptcy can make the garnishment go away for good.

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  • What if I previously filed for bankruptcy and need to file again?

    Although bankruptcy can be a great solution to get you out of present financial difficulties, it’s not uncommon that some people later find themselves back in financial trouble. You can file for bankruptcy even if you have done so previously, subject to limitations. After a Chapter 7 discharge, you would have to wait four years to file for Chapter 13 or eight years to file another Chapter 7. After completing a Chapter 13 repayment plan, you would have to wait two years to file for Chapter 13 again or four years to file for Chapter 7.

  • How can I get a bankruptcy removed from my credit report?

    Unfortunately, only the passage of time will take a bankruptcy off your credit report, despite any claims to the contrary from so-called “credit repair” companies. By law, a Chapter 13 bankruptcy stays on your credit report for seven years, while a Chapter 7 bankruptcy stays on your credit report for ten years. That said, you can still start repairing and rebuilding your credit even while the bankruptcy is on your record.

  • Which is better, bankruptcy or debt settlement?

    A lot of factors go into answering that question, including the number of creditors you have and the amounts you owe, who your creditors are, your overall income and expenses, what kinds of property you own, and more.

    We can answer that question for you after we have talked to you and learned about your personal situation. So call us now, and talk to an attorney now to answer your questions and address your concerns.

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If you are in over your head with credit card bills, mortgage payments, personal loans or other debts, you are likely stressed out over the situation, and rightly so. But a lot of worry and anxiety in this situation comes from not knowing your options or what you can expect to happen.

What Clients Are Saying Success Stories In Their Own Words
“They made the Chapter 7 bankruptcy process fast, easy, accurate and efficient”

Raj Wadhwani is an A+ attorney with a wonderful, experienced and highly professional law firm! From the beginning I felt completely comfortable with this firm and knew that I was in good hands. They made the Chapter 7 bankruptcy process... Read More

Steven
“I will not hesitate to recommend this firm and Raj to all my family and friends”

From the very first contact, this firm gave me a good impression. It was the only firm that answered the phone! I said, "this one´s it! They´re serious. They want to work!!" so, from the very beginning I was sold.

Lucy C.
“Would recommend to anyone.”

Very professional, helpful. Would recommend to anyone.

Jose P.
“5 stars”

5 stars very very helpful. walked me through filing .

Joan B.
“Very professional”

Very professional, easy process and always available to answer questions, Thank you

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“I would give them 100 stars if possible”

I very much liked Raj and his staff and I would give them 100 stars if possible. I was kept informed and very happy with the end results. Thanks again...Steve

Stephen G.
“Wadhwani & Shanfeld was very professional and always answered my questions. We are so grateful for them.”

Wadhwani & Shanfeld was very professional and always answered my questions. We are so grateful for them.

Christopher & Jillian W.
“Thanking Attorney Raj for a thorough and quick solution to my financial issues.”

Thanking Attorney Raj for a thorough and quick solution to my financial issues.

Bernardita A.
“His service was very professional, quick and effective. I highly recommend this firm.”

I filed bankruptcy with the help of Atty. Greg Shanfeld. His service was very professional, quick and effective. I highly recommend this firm. I am extremely grateful for their service.

Benito M.
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Meet Your Legal TeamDedicated To Helping You Get Back On Your Feet After A Financial Crisis
Raj Wadhwani Raj WadhwaniShareholder

Raj is a founding shareholder of Wadhwani & Shanfeld. Raj earned his Juris Doctor from Southwestern University School of Law. He also became a Board-Certified Bankruptcy Specialist by the American Board of Certification in 2009. His vast bankruptcy experience includes over 15,000 bankruptcy case filings for both consumers and businesses. In 1998, Raj helped pilot the Best Case Bankruptcy Software which is used today by bankruptcy attorneys throughout the country. Raj also participated in the pilot program and had the distinction of being the first attorney to electronically file a bankruptcy case in the Central District of California. Beyond bankruptcy and debt settlement, Raj is also very experienced in estate planning. In his spare time, Raj enjoys spending time with his wife and two sons, playing golf, and cheering on the Los Angeles Lakers.

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Greg Shanfeld Greg ShanfeldShareholder

Greg is a founding shareholder of Wadhwani & Shanfeld. He earned his Juris Doctor law degree from the University of Southern California School of Law. Prior to law school, he graduated from the University of California, Los Angeles, with a B.A. in Economics. Greg specializes in bankruptcy law and debt settlement and is a Board-Certified Bankruptcy Specialist with the American Board of Certification. His previous work experience includes serving as a partner and managing attorney at a leading bankruptcy law firm. Prior to that, Greg worked an associate attorney in the real estate division at Stern, Neubauer, Greenwald & Pauly. Greg is extremely knowledgeable about bankruptcy law and has published articles and taught seminars on the subject. When Greg is not in the office, he enjoys spending time with his family, mountain biking, and playing basketball. He also enjoys attending Los Angeles Kings games.

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