Michael Benavides has helped hundreds of clients eliminate debt through bankruptcy. He makes the bankruptcy process simple by conducting a free phone consultation. During the consultation, he learns more about your unique financial situation and determines whether bankruptcy is in your best interest. If bankruptcy is appropriate he will meet you in the office to sign a representation agreement, exchange documents, and begin the bankruptcy process.

Chapter 7 Bankruptcy Attorney

Michael Benavides works to discharge overwhelming debt and retain property in bankruptcy. While chapter 7 bankruptcy involves the sale of non-exempt property, our bankruptcy attorney works with clients to maximize exempt property before bankruptcy. Through a full and frank discussion about the effect of bankruptcy on the non-exempt property, our bankruptcy attorney will educate you on the types of property that can be retained in bankruptcy. Furthermore, our chapter 7 bankruptcy attorney will tell you what debts can be discharged in chapter 7 bankruptcy.

Chapter 13 Bankruptcy Attorney

Our bankruptcy attorney works with clients to protect property in chapter 13 bankruptcy. In chapter 13 bankruptcy property (including non-exempt property) can be retained unless the plan provides for a lower payment to general unsecured creditors than what they would receive in chapter 7 bankruptcy. The ability to retain non-exempt property in chapter 13 bankruptcy may be a factor in your decision to select chapter 13 bankruptcy over chapter 7 bankruptcy. For instance, if you have significant non-exempt assets that would be sold in chapter 7 bankruptcy, our bankruptcy attorney in Santa Rosa will explain your chapter 13 bankruptcy options in relation to the non-exempt property. In addition, if you are behind on your home mortgage payments you may decide to file for chapter 13 bankruptcy. As our chapter 13 bankruptcy attorney will explain to you, in chapter 13 bankruptcy you can cure defaults on long-term debts, including defaults on your home mortgage payments. Hence, by filing for chapter 13 bankruptcy you can protect your home while you catch-up on your missed payments.

Family Law

In addition to bankruptcy, Michael Benavides represents clients in family law.  While his practice is limited to Sacramento, he represents clients in divorce, child custody, spousal support, and child support proceedings.  Over the years Michael has gained a reputation as one of the most affordable family law attorneys in Sacramento with his flat fees and low hourly rate.  While he cannot represent clients in Santa Rosa at this time, he hopes to expand his practice to Sonoma County in the near future.