San Jose Bankruptcy Lawyer Blog

A San Jose bankruptcy attorney lets you kow who the Bankruptcy Judge for San Jose, CA is...

The Northern District of California, San Jose Division has nine bankruptcy judges. Those bankruptcy judges include: Chief Judge Newsome, Judge Carlson, Judge Efremsky, Judge Jaroslovsky, Judge Jellen, Judge Montali, Judge Novak, Judge Tchaikovsky, and Judge Weissbrodt. The bankruptcy judges’ website is http://www.canb.uscourts.gov/judges/judges-menu. On the website, you can view the bankruptcy judges’ brief biography, you can view the bankruptcy judges’ court calendar, and you can find the contact information for each of the bankruptcy judges. You can view some of the bankruptcy judges’ prior decisions and the procedures for each chamber.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer answers: Who is the US Trustee For San Jose, CA?

The US Trustee is a member of the United States Department of Justice who is responsible for overseeing the administration of bankruptcy cases. As of today, the Assistant US Trustee for San Jose, CA is Edwina Dowell. There are also three trial attorneys assisting the Assistant US Trustee, two bankruptcy analysts, two paralegal specialists, and two legal clerks. The US Trustee is located at 280 South First Street, San Jose, CA 95113. The US Trustee for San Jose, CA is a member of Region 17 of the Office of the United States Trustee. The website for the US Trustee for San Jose, CA is http://www.justice.gov/ust/.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy attorney lets you know where you can find the necessary bankruptcy forms in San Jose, CA...

The United States Bankruptcy Court in San Jose is in the jurisdiction of the Northern District of California, San Jose Division. The bankruptcy forms for San Jose as a creditor can be found on the Court’s website by clicking here. As a debtor, bankruptcy forms can be found by clicking here. This is not to say that this is an all-inclusive list of the bankruptcy petition forms, nor does it guarantee the total amount and/or order of the bankruptcy forms to be submitted. It is highly advisable to consult with an attorney before attempting to complete and file any bankruptcy forms.

There is also software on the open market which contain bankruptcy forms for San Jose. This software is expensive and not realistic for an individual to purchase. Your best bet for obtaining the proper bankruptcy forms is to consult with an experienced San Jose bankruptcy attorney.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer fills you in on: Where is the bankruptcy court in San Jose?

The bankruptcy court in San Jose is located at 280 South First Street, San Jose, CA 95113. It is situated around the corner from the Tech Museum. The bankruptcy court in San Jose can be reached using public transit via Cal Train, Santa Clara Valley Transportation Authority, and Bay Area Public transit. The bankruptcy court has public parking available for $1.25 per 20 minutes or $9.50 per day. The hours of the bankruptcy court in San Jose are Monday through Friday, 9:00 a.m. to 4:30 p.m. In order to enter the bankruptcy court in San Jose, you must present a valid driver’s license or government issued picture identification card. The San Jose bankruptcy court consists of three judges, Hon. Efremsky, Hon. Weissbrodt, and Hon. Novak. The bankruptcy court in San Jose can be reached at (408) 278-7500 or by clicking here.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer breaks down the cost of filing bankrupty in San Jose...

Years of using credit cards to the max - $30,000. Northern District of California chapter 7 bankruptcy filing fee - $299. Knowing that your mistakes and credit card debt are wiped out – priceless. There are two ways of going about filing for bankruptcy, you can either go at it alone or hire an attorney. Regardless of which path you take, the San Jose court’s filing fee for a chapter 7 bankruptcy is $299, a chapter 13 bankruptcy is $274, and a chapter 11 bankruptcy is $1,039. These fees apply to all debtors.

While it does seem odd to be filing for bankruptcy and at the same time hiring an attorney, bankruptcy law can be very confusing at times. One of the largest mistakes made by individuals representing themselves is the incorrect use of exemptions. So when you take into consideration the bankruptcy cost of hiring an attorney to assist your preparation of your petition, imagine losing your entire 401(k) and your house, which all can be exempted, because you chose the wrong exemption or listed it in the wrong schedules.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer tells you what you can do to remove debt?

There are several options when it comes to removing debt. The first and most obvious is to pay off your creditors timely in order to remove debt. This keeps your credit score good and the creditors do not harass you. When paying your monthly credit card and loan bills, you want to pay more than the minimum payment on those accounts in order to remove debt. When only paying the minimum payment, the principal balance is nominally reduced while the interest is primarily paid.

You can also attempt to settle your credit card debt by offering one or two lump sum payments for pennies on the dollar. This drastically removes debt but can leave a nasty mark on your credit report. It also makes lenders less likely to grant credit.

Lastly, you can file bankruptcy to remove debt. In some cases, entire second mortgages can be removed. This can remove debt of over $100,000! Credit and debt are like oil and water, they do not mix yet are so often found together.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy attorney describes what a monthly operating report is...

A monthly operating report is used by a business that has filed for Chapter 11 bankruptcy protection. A monthly operating report is simply a detailed profit and loss statement generated by a business and submitted to the U.S. Trustee each month. The U.S. Trustee uses the monthly operating report to oversee the management of the business and to make sure that the funds are being used properly and are not being wasted.

The monthly operating report consists of the current month’s disbursements and receipts. The monthly operating report also consists of an income statement and comparative balance sheet. The monthly operating report lists all assets and liabilities of the company along with the accounts receivable.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer addresses the question: What is Secured Debt?

There are two typical kinds of debt that a person can acquire, secured debt and unsecured debt. Unsecured debt is debt that is not secured by any piece of property. Some examples of unsecured debts include credit card debts, medical debt, and personal loans.

Secured debt is debt that is secured, or guaranteed, by a piece of property (either real or personal). Some common types of secured debt would include the purchase of a home or financing of a car. The main advantage of a secured debt to the creditor is that should the person who took out the loan default on their payments, the secured creditor may attempt to repossess or foreclose upon the piece of property that secured the debt. They can either sell the property or decide to keep it as their own. If the value of the property does not exceed that of the remaining balance of the loan, the creditor retains what is known as a deficiency debt. This is the difference between the loan balance and the value of the property taken. In most instances, secured debt is not dischargeable in bankruptcy, but the deficiency may be.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy attorney answers What is Unsecured Debt?

Unsecured debt is the most common debts in America. Unsecured debt is debt which is not guaranteed by any personal or real property. While the greater dollar value of debt is secured debt, the most common kind of debt that causes problems to Americans’ is unsecured debt. Unsecured debt mainly consists of credit card and medical debt. It is extremely difficult for an unsecured creditor to collect on the balance owed since no piece of property guarantees that debt. Should a debtor default on a loan that is secured by property, the creditor simply gains control of the property that secured the loan and has the option to either sell that property or retain it for themselves.

Often times it is unsecured debt that leads to wage garnishments or bank levies. Unsecured debt is known as “bad debt.” It is debt that an individual accrues not out of necessity like a home or car loan. Unsecured debt usually carries a high interest rate and often times annual fees. These two aspects make unsecured debt very dangerous. However, it is unsecured debt that is normally discharged during a Chapter 7 or Chapter 13 bankruptcy. Most times, credit card and medical debt is dischargeable in bankruptcy and is why many people file for bankruptcy protection.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer explains "What is a U.S. Trustee?"

The U.S. Trustee is a branch of the Department of Justice that oversees all bankruptcy cases and private practice trustees. In the United States, there are 21 separate regions separated by geographical boundaries. The U.S. Trustee is granted a five year term and works directly under the Attorney General.

The U.S. Trustee was created to promote efficiency in the bankruptcy process and maintain the integrity of the Federal bankruptcy system. The U.S. Trustee also helps uncover issues of fraud and abuse within the Federal bankruptcy system. In doing so, the U.S. Trustee works with the FBI and the U.S. Attorneys, along with other law enforcement agencies. The U.S. Trustee is responsible for the monitoring of the bankruptcy parties, the private estate trustees, administrative functions, and compliance with all applicable laws and procedures.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer addresses what many ask: How do I keep my car in bankruptcy?

One of the biggest fears about filing bankruptcy is losing either your house or your car. So how does one keep their car in bankruptcy? If you own your car outright, meaning there is no loan attached to your car; California offers a $3,350 automobile exemption. If your automobile is worth more than $3,350 there is a wildcard exemption which can be used to cover the rest of the value of the car. Thus, you will not lose your car in bankruptcy.

If there is a loan attached to your car, the first and most important thing to be sure of is to be up-to-date on your car payments. If you owe arrears on your car in bankruptcy, the lender may attempt to liquidate the car in order to satisfy its loan. You should also continue to make payments on your car in bankruptcy. This shows good faith to the lender and makes it more likely to simply continue the prearranged payment schedule.

To keep your car in bankruptcy, you may be forced to sign and file a reaffirmation agreement. A reaffirmation agreement is a document which retains the personal liability of the debtor to the car loan following the discharge of the bankruptcy. As explained above, there are several options in which to keep your car in bankruptcy.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyers helps consumers answer: What is a bankruptcy exemption?

When an individual files for bankruptcy protection under any available chapter of bankruptcy, all of their assets are transferred to the bankruptcy estate. The bankruptcy estate is a temporary place where the debtor’s assets are stored. No actual transfer of assets occurs; it is more a constructive event.

Once the assets are transferred to the estate, the debtor elects bankruptcy exemptions for each asset to ensure that he/she does not lose their property. The bankruptcy exemptions are created, and governed, by federal law; however, the federal government has given the power to the states to create their own bankruptcy exemptions modeled after the federal governments. California is one of those states who have chosen to create their own bankruptcy exemptions, and they are much healthier than the federal government’s bankruptcy exemptions.

Some of the major bankruptcy exemptions include a homestead exemption, a vehicle exemption, clothing and jewelry exemptions, pension/IRA exemptions, and household goods exemptions. Most of the bankruptcy exemptions have a dollar limit at which they apply. In a nutshell, a bankruptcy exemption is the way to protect your assets when filing bankruptcy.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer explains the purpose of the US Trustee...

In accordance with the US Bankruptcy Code, the US Trustee is the individual appointed by the United States Trustee, an officer of the Department of Justice, that represents the debtor (the individual filing for bankruptcy) with regard to their estate within a bankruptcy proceeding.

The US Trustee works within the guidelines of the BK Code and makes recommendations after evaluating the debtor’s circumstances, demands, and assets. For example, the US Trustee would facilitate the sale of debtor assets in order to pay off creditors.

The US Trustee responsibilities will vary between a Chapter 7 bankruptcy proceeding (which involves liquidation) and a Chapter 11 bankruptcy proceeding (which involves a restructuring of the debt), and a Chapter 13 bankruptcy filing (where the debtor keeps some of their assets and repays certain debts).

It is important to give full disclosure to the US Trustee, as they are ultimately there to assist you, as well as follow the strict guidelines with regard their purpose in their key bankruptcy role.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy attorney explains what is an automatic stay?

The U.S. Bankruptcy Code has a provision called the Automatic Stay. The Automatic Stay, under Chapter 11 bankruptcy, was designed to prevent creditors from pursuing collections on amounts due them from the entity filing the Chapter 11 bankruptcy. Those that request an automatic stay are typically firms, companies or businesses that are seeking debt relief through filing Chapter 11 bankruptcy. They do this by hiring an experienced Chapter 11 bankruptcy attorney who takes the necessary steps on the debtor’s behalf to request the automatic stay.

It should be noted here that it is only allowable to lift the automatic stay per the direction of the bankruptcy judge.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose Bankruptcy Attorney explains how bankrupty affects a co-signor...

Often times an individual will either not have established enough credit history or just does not have the credit score to obtain a loan with an appropriate annual percentage rate (“APR”). When this occurs, often times they will recruit their spouse or family to co-sign on the loan. This places the co-signor on the line for the debt should the signor fail to make timely payments.

So what happens to the co-signor when the original debtor files for bankruptcy? Schedule H of the bankruptcy petition is where all co-signors on loans should be listed. These individuals receive notice of the filing and are given an opportunity to file a motion with the court in order to either reaffirm the debt, or likely force the debtor to surrender the secured object and distinguish the deficiency upon discharge. Filing for bankruptcy does not automatically terminate the co-signors liability, however it does place an automatic stay on the creditor from seeking payment from the co-signor. This third party stay remains in effect as long as the bankruptcy stay remains.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose Bankruptcy Attorney comments on filing Chapter 13 in California...

Debtors filing Chapter 13 in California should know that several districts exist. Each district may have unique local rules with respect to filing Chapter 13 in California. Moreover, each city within a district has its own Chapter 13 trustee. The contact information for each trustee in each city is available online.

A debtor filing Chapter 13 in California should hire an attorney who is familiar with the local rules and the local trustee. This will make the process of filing Chapter 13 in California efficient and relatively straightforward.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy lawyer asks: How do I make my creditors stop calling?

Text: Creditors and their collection efforts are monitored by a piece of legislation called the Fair Debt Collection Practices Act. The FDCPA limits the amount and times that a creditor may call during the day. But what if you want the creditors to stop calling altogether? There are three main ways to make creditors stop calling.

First, you can work out a payment schedule with your creditors. However, if it has gotten to the point where creditors are harassing you, you probably cannot afford the monthly payments on top of living expenses.

Second, you can send a cease and desist letter to make creditors stop calling. A cease and desist letter demands that your creditors stop calling. This is a convenient way to put a band-aid on a problem but does nothing to solve the actual problem.

Lastly, you can retain an attorney to assist you in filing for either Chapter 7, 11, or 13 bankruptcy. By filing for bankruptcy, the creditors lose their right to sue and attempt to collect for the duration of the bankruptcy, thus making the creditors stop calling. Should your dent be discharged, the creditors will stop calling altogether.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy attorney addresses "What is a Relief from Stay?"

Filing for any chapter of bankruptcy (7, 9, 11, 12, or 13) creates an automatic stay against most kinds of legal actions against the debtor and the debtor’s property, such as foreclosures, lawsuits, and garnishments. The automatic stay lasts the life of the bankruptcy.

When a creditor desires to seek judicial remedies against the debtor, he, she, it must file a motion with the bankruptcy court seeking leave from the automatic stay. The creditor must prove to the court that the creditor’s interest in the particular property is not adequately protected. This property generally includes foreclosure on a home or repossession of a car.

When a relief from stay is granted, it does not mean remove that property from the bankruptcy estate nor does it grant the creditor ownership of the property. It simply removes the stay which had been placed and gives the creditor its state’s rights to collect. Most often, relief motions are granted because the debtor simply cannot afford the monthly payments based upon their petition or they are so far in arrears that the debtor cannot make the creditor whole again.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

A San Jose bankruptcy attorney answers the questions: What is a reaffirmation agreement?

In a chapter 7 bankruptcy, a debtor may wish to keep a house or car or other secured assets. Because of the nature of a chapter 7 bankruptcy, i.e. a liquidation of all assets and liabilities, a creditor and debtor need to come to an agreement and understanding regarding the debtor’s continued personal liability for the debt. A reaffirmation agreement must be entered into prior to the chapter 7 discharge.

The reaffirmation agreement must contain specific disclosures which advises the debtor of the amount of the debt being reaffirmed and how it is calculated and that reaffirmation means that the debtor's personal liability for that debt will not be discharged in the bankruptcy. The disclosures also require the debtor to sign and file a statement of his or her current income and expenses which shows that the balance of income paying expenses is sufficient to pay the reaffirmed debt. If the debtor is not represented by an attorney, the court must approve the reaffirmation agreement. If the debtor is represented by a bankruptcy attorney, the attorney must put in writing that he or she advised the debtor of the legal consequences of signing the reaffirmation agreement.

In the end, whether or not the debtor signs a reaffirmation agreement comes down to how badly they want the property and whether or not they can afford to continue the monthly payments.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!