San Jose Bankruptcy Lawyer Blog

A San Jose bankruptcy attorney answers the question: Do I Need a Lawyer to File Chapter 11?

If you are going to be filing a chapter 11 bankruptcy, then you are going to want to get an attorney to help you with this process. In fact, unless you yourself are an attorney, then you are going to need one to be able to understand all of the legal paperwork that you have to go through in order to complete a bankruptcy.

A chapter 11 attorney is one who specializes in helping people to file for a chapter 11 bankruptcy. They probably work exclusively in this legal field. They are paid by you to do the legal requirements in order to declare your bankruptcy. There are a variety of different lawyers probably working in your area that work in this field. The right chapter 11 attorney is one that will be able to provide the services correctly for you at the best price.

There is no reason why you should overpay the lawyer that is going to help you to get through this legal process. Saving yourself money is the key idea here. If you are declaring bankruptcy, then it is pretty apparent that you don't have a lot of extra money lying around in the first place.

If you would like more information on this topic or other bankruptcy topics, please contact our San Jose office at 408.279.2288 or 1800.941.6730. We at Sagaria Law can connect you with one our our experienced San Jose bankruptcy attorneys. We have bankruptcy attorneys located throughout California and Oregon to assist you with your bankruptcy questions. If you need assistance regarding a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! Please contact us to receive a free consultation or visit our website at www.sagarialaw.com to request an in-person consultation with an experienced bankruptcy attorney. We have an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose.

A San Jose bankruptcy attorney defines bankruptcy fraud.

Fraud can take on many forms, but Bankruptcy Fraud involves a person misrepresenting documents in order to gain an advantage when they file bankruptcy. Bankruptcy Fraud does not necessarily include a person who unknowingly misrepresents documents.

A person cannot be accused of bankruptcy fraud because he makes common mistakes. The mental state of the debtor must be included to make a charge. If the intent of the person filing was to mislead the judge and the creditors, then he can be charged with a federal crime.

To avoid bankruptcy fraud charges, a debtor should make sure he has all the documents he needs and has filled them out truthfully to the best of his knowledge. He also must make sure he has all the documents he needs to take to the hearing.

Bankruptcy fraud is a federal crime in the United States that can results in the convicted party paying fines and going to prison. A debtor convicted of the act may face up to five years in prison and up to $250,000 fine. Judges can impose these in any combination.

Please do not hesitate to contact us at our San Jose office by calling 408.279.2288 or 1800.941.6730 for your debt resolution needs. You can receive a free consultation over the phone, or request a free in person appointment at a Sagaria Law office nearest you. Please visit our website at www.sagarialaw.com and fill out a free online evaluation form to determine if you are a qualified candidate for bankruptcy. Sagaria Law's team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff at San Jose can assist you with all aspects of your bankruptcy case. We at Sagaria Law can assist you regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. and we are happy to help! Our bankruptcy attorneys located throughout California and Oregon can assist you with your bankruptcy questions.

A San Jose bankruptcy attorney comments on a famous Chapter 9 bankruptcy involving Orange County.

One of the most famous Chapter 9 bankruptcies in the U.S. occurred on December 6, 1994 in Orange County, California. It was the largest county ever to declare Chapter 9 bankruptcy. The county suffered losses of about $1.6 billion in wrong-way bets on interest rates in one of its investment pools. This pool was supposed to be a profitable way to manage the county's cash. Instead of helping the community prosper, it pulled them into financial failure.

In 1994, Robert Citron was the county's Treasurer. During the early 90's, interest rates were very low. This made the investment pool an attractive idea due to its good rate of return. These types of good returns were much riskier than similar cash management pools. Citron controlled the $7.5 billion pool. He had riskily invested the pool's funds into interest linked securities. His strategy depended on short term interest rates remaining low. Unfortunately, the Federal Reserve Bank raised interest rates in February 1994. This caused the Orange County investment pool to dramatically decrease. Citron ignored the shift in interest rates, therefore sending Orange County into financial distress.

If you would like more information on this topic or other bankruptcy topics, please contact our San Jose office at 408.279.2288 or 1800.941.6730. We at Sagaria Law can connect you with one our our experienced San Jose bankruptcy attorneys. We have bankruptcy attorneys located throughout California and Oregon to assist you with your bankruptcy questions. If you need assistance regarding a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! Please contact us to receive a free consultation or visit our website at www.sagarialaw.com to request an in-person consultation with an experienced bankruptcy attorney. We have an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose.

A San Jose bankruptcy attorney explains unemployment and the bankruptcy means test.

The means test can make a difference in whether or not you are able to get your finances in order. There are many things people would not consider being involved in a traditional means test. You have to keep track of things like traditional Social Security income and Social Security disability payments as well. Many taxpayers out there are sometimes worried that the means test, on an unemployment basis in particular, may not be fierce enough. There are other people out there who simply do not think it is easy enough for a traditional worker to file bankruptcy.

Different states have different unemployment and bankruptcy means tests. Some states do hire private contractors to deal with issues in their bankruptcy court and within their unemployment offices. Many state unemployment offices work with private career services firms in order to find jobs for people who need them. The creation of new jobs while working with an unemployment office is something that can create a fair amount of new revenue for states and local governments. This is something that happens to be positive in comparison to a bankruptcy.

We can answer all your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. If you need help regarding a bankruptcy in San Jose, call us at 408.279.2288 or 1800.941.6730 and we will be more than happy to offer you a free consultation over the phone. You can also fill out a free online evaluation at our website, www.sagarialaw.com, or request a free face to face appointment at a Sagaria Law office location close to you. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution needs.

A San Jose bankruptcy attorney gives some options if you cannot repay your debts.

Bankruptcy is something that most people never want to do. It is like having a big black mark on your credit report that tells lenders that you are not a good candidate for a loan. Bankruptcy can make it difficult for you to apply for a job or loans to pay for higher education. Applying for bankruptcy is often a temporary solution with long term drawbacks.

However, bankruptcy is the option that people who can't repay debt take when there are no other possible alternatives. It allows you to get some distance from creditors for the time being until you are able to gain a little bit of money to start paying them back. When you declare bankruptcy, you are going to create some type of reorganization plan in order to have a plan to repay your creditors.

Bankruptcy gives you the space you need from creditors to start earning some money and repaying debts. Make sure that you consider all of your options carefully before settling on bankruptcy. There are some drawbacks to taking this approach and you should make sure you don't go through the process without good reason.

At Sagaria Law, we offer an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose. If you need help regarding bankruptcy in San Jose, contact us at 408.279.2288 or 1800.941.6730 for a free consultation or visit us online at www.sagarialaw.com to request a free in person appointment at a Sagaria Law office location nearest you. We can answer your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation to quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose!

A San Jose bankruptcy attorney comments on Chapter 11 bankruptcies and loan modifications.

Chapter 11 bankruptcy is a very common thing these days especially in the face of the foreclosure crisis that is currently going on in the United States. One part of this process that has happened also is Chapter 11 loan modification. This happens when a person who is currently going through foreclosure or bankruptcy proceeding has to have their loan modified due to complications with their original loan.

When it comes to bankruptcy, there is no limit to what a person can file as long as the courts deem it within reasonable bounds. If the courts see that a loan modification will work and that certain guidelines have been met, a chapter 11 loan modification will be put into effect. Essentially, there will be a new loan but most importantly, any kind of foreclosure action will be put to a halt. The most important thing to take into account though is that a very small percentage of these modifications are passed.

If you have a question regarding bankruptcy in San Jose please contact us at 408.279.2288 or 1800.941.6730 and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping, a cram down, asset protection, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist in all of these important areas. Please 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 gives some tips to avoid involuntary bankruptcy.

If you are looking to avoid involuntary bankruptcy, there are several things you can do to avoid it. Some are just common sense while others are not.

1. Pay your bills on time. This is an obvious step to avoid involuntary bankruptcy, but it is not always possible, especially if a business is experiencing tough times.
2. Try to avoid alienating creditors. Creditors want their money and are willing to work with you. Small businesses often have a hard time making loans, especially early in their life.
3. Try not to have preferred payees. Businesses do not like being put off for other accounts, but it does happen sometimes. Oddly, this behavior can prevent a person from being forced to go through involuntary bankruptcy proceedings.
4. If you do find yourself facing involuntary bankruptcy, find a good lawyer. They can find a way to get a client out of proceedings, particularly if a creditor broke the law.
5. Pay attention to aggressive creditors. A lender cannot engage in aggressive practices to force someone into these proceedings. Involuntary bankruptcy requires a debtor to face all his creditors at once.
6. Go through your records to make sure they are up-to-date. If you can prove that there was no reason to bring the proceedings to court, you should do so.

If you would like more information on this topic or other bankruptcy topics, please contact our San Jose office at 408.279.2288 or 1800.941.6730. We at Sagaria Law can connect you with one our our experienced San Jose bankruptcy attorneys. We have bankruptcy attorneys located throughout California and Oregon to assist you with your bankruptcy questions. If you need assistance regarding a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! Please contact us to receive a free consultation or visit our website at www.sagarialaw.com to request an in-person consultation with an experienced bankruptcy attorney. We have an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose.

A San Jose bankruptcy attorney describes the first stage in bankruptcy litigation.

The first step that must be completed when a debtor undergoes bankruptcy litigation varies from state to state, but most states follow similar procedures. Before a debtor considers filing for bankruptcy, he should check the laws in his state. Selecting a lawyer to help a debtor get through bankruptcy court hearing are some preliminary steps.

What is the first stage in bankruptcy litigation?
The state courts that handle bankruptcy law generally start the process by assessing the financial situation of a person declaring bankruptcy. This is the official means testing that a person might have conducted unofficially before making the decision to file the paperwork.

What are the next steps?
The next step in the bankruptcy litigation process depends on whether a debtor files Chapter 7 bankruptcy protection or Chapter 11 bankruptcy protection. In Chapter 7, the court requires a person to sell off assets in order to pay off his creditors. Chapter 11 proceedings require a person to come up with a repayment plan.

What about the means test?
The means test was mandated under federal law. A person who passes the test can file for Chapter 11; if he cannot, he must file under Chapter 13 instead.

Please do not hesitate to contact us at our San Jose office by calling 408.279.2288 or 1800.941.6730 for your debt resolution needs. You can receive a free consultation over the phone, or request a free in person appointment at a Sagaria Law office nearest you. Please visit our website at www.sagarialaw.com and fill out a free online evaluation form to determine if you are a qualified candidate for bankruptcy. Sagaria Law's team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff at San Jose can assist you with all aspects of your bankruptcy case. We at Sagaria Law can assist you regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. and we are happy to help! Our bankruptcy attorneys located throughout California and Oregon can assist you with your bankruptcy questions.

A San Jose bankruptcy attorney answers some commonly asked questions about bankruptcy.

What does it mean to become bankrupt?
In some cases, all of your financial circumstances will be constantly administered by a chosen trustee. This means that this person basically owns just about everything including your house. This person will have to sell all of your assets. These funds will be returned to the creditors who you owe money to.

Does this affect my family?
There may be practical issues in which it may affect your family as well, but legally, they will not be affected. However, if you have, within the past five years, given a "connected individual" your home, the trustee is liable to reclaim the property. All Trustees can sell a second home (if it is not rented) if the individual still owes money to any creditors.

We can answer all your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. If you need help regarding a bankruptcy in San Jose, call us at 408.279.2288 or 1800.941.6730 and we will be more than happy to offer you a free consultation over the phone. You can also fill out a free online evaluation at our website, www.sagarialaw.com, or request a free face to face appointment at a Sagaria Law office location close to you. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution needs.

A San Jose bankruptcy attorney explains how the Means Test affects bankruptcy proceedings.

Courts have long tried to prevent fraudulent bankuptcy filings. One method used to eliminate bankruptcy fraud is the bankruptcy means test. The test is a check of income against debts used by the court to determine if the filer is able to repay the debt, or if the debt should be forgiven entirely.

The income check is often complicated and uses the income from the previous six months. Some income such as social security income, is usually not included. This income is then compared to the state median income. If the income is above the median, then further testing is used. Otherwise, the filer is considered to have passed the means test and is able to file Chapter 7 bankruptcy.

In the event the income is above the median, then the income is compared with expenses. Should income exceed expenses, the court may determine the filer ineligible for Chapter 7 bankruptcy. In high expense areas such as San Francisco, it is easy to be about the state median but still pass the test. Through the use of a means test, bankruptcy fraud is reduced while still protecting those truly in need of bankruptcy debt relief.

At Sagaria Law, we offer an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose. If you need help regarding bankruptcy in San Jose, contact us at 408.279.2288 or 1800.941.6730 for a free consultation or visit us online at www.sagarialaw.com to request a free in person appointment at a Sagaria Law office location nearest you. We can answer your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation to quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose!

A San Jose bankruptcy attorney discusses where you can find an involuntary bankruptcy lawyer.

A business owner who goes into business for the first time may believe that he always controls when he files for bankruptcy. First-time business owners sometimes encounter a nasty surprise when they find out that their creditors can force involuntary bankruptcy to recover any debts owed.

Where Can I Find an Involuntary Bankruptcy Lawyer?
Lawyers who specialize in bankruptcy cases will also handle involuntary bankruptcy cases, but because it is less common, it is also less advertised. A few internet websites advertise for debt attorneys who operate on a national level, but it is usually better to deal with someone who operates locally.

How Do I Know I Have Found an Involuntary Bankruptcy Attorney?
Asking a lawyer what type of cases he handles gives a potential client an idea of whether or not a particular attorney can help his business in the circumstances. The proceedings force a person to face all of his creditors at once.

What Can The Lawyer Do To Help?
An involuntary bankruptcy lawyer can get a case thrown out if a creditor has been too aggressive in bringing a case to light. Lenders sometimes bring cases to make sure their debts get paid first.

If you have a question regarding bankruptcy in San Jose please contact us at 408.279.2288 or 1800.941.6730 and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping, a cram down, asset protection, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist in all of these important areas. Please 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 bankruptcy often marks the end of harassment from creditors.

When you cannot afford to pay your bills or cannot make the required monthly payments filing for personal bankruptcy may be your only option. Bankruptcy used to be an easy way for some individuals with huge amounts of debt to clear their credit history file. Lawmakers changed the rules for filing for bankruptcy in an effort to stop those consumers who were using bankruptcy as a way to avoid paying off their debts.

If you simply have more bills than cash flow, bankruptcy will prevent bill collectors from contacting you. Creditors often employ collection agencies who will stoop to any level to get you to pay your bills. Most creditors harassment involves using schemes to trick you into paying your debt.

A tactic used by some unscrupulous collection agencies is contacting your neighbors and friends in an effort to obtain information about you. This of course is illegal, but it does happen and if you are the victim of this form of creditors harassment it is hard to prove. When you file for bankruptcy, the harassing calls will end because it then becomes illegal for the creditors listed in the filing to have any further contact with you.

If you would like more information on this topic or other bankruptcy topics, please contact our San Jose office at 408.279.2288 or 1800.941.6730. We at Sagaria Law can connect you with one our our experienced San Jose bankruptcy attorneys. We have bankruptcy attorneys located throughout California and Oregon to assist you with your bankruptcy questions. If you need assistance regarding a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! Please contact us to receive a free consultation or visit our website at www.sagarialaw.com to request an in-person consultation with an experienced bankruptcy attorney. We have an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose.

A San Jose bankruptcy attorney gives a brief overview of Chapter 13 bankruptcy rules.

Chapter 13 bankruptcy is a way for an individual to reorganize their debt. People within the state of California can claim this type of bankruptcy to restructure their debts and pay off the owed debts within three to five years. An individual can only claim Chapter 13 Bankruptcy if they have a steady form of income that is sufficient to pay off their debts and have money left over for daily living.

Who is Eligible?
Within the state of California, any person is allowed to file Chapter 13 Bankruptcy as long as their unsecured debt, which is debt that isn’t backed by collateral, doesn’t exceed $360,475. Chapter 13 rules require that individual secured debt, which is a loan backed by collateral, doesn’t exceed $1,081,400. This type of bankruptcy is only allowed for individuals. It is not applicable for corporations or partnerships. The Chapter 13 rules require that an individual filing for this type of bankruptcy cannot have any other bankruptcy paperwork filed or dismissed within the last 180 days.

How to File
The Rules of Chapter 13 Bankruptcy required that the individual file a petition within the county that he or she resides. That petition includes a list of assets, a schedule of liabilities, income, and a list of expenditures. It is a requirement to take a credit counseling session. Within this session you will set up a debt repayment plan that must be filed with your petition.

What Happens Next?
Once the petition has been filed and passed, a stop on all collections is put into place. The individual is protected from creditors. This will protect from any garnishment of wages, lawsuits, or collection calls. Once the debtor has filed for the Chapter 13 Bankruptcy, the clerk of court will send out a letter to all creditors informing them of the bankruptcy claim. The debtor, at that time, must work on paying said debts based on the repayment plan.

Please do not hesitate to contact us at our San Jose office by calling 408.279.2288 or 1800.941.6730 for your debt resolution needs. You can receive a free consultation over the phone, or request a free in person appointment at a Sagaria Law office nearest you. Please visit our website at www.sagarialaw.com and fill out a free online evaluation form to determine if you are a qualified candidate for bankruptcy. Sagaria Law's team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff at San Jose can assist you with all aspects of your bankruptcy case. We at Sagaria Law can assist you regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. and we are happy to help! Our bankruptcy attorneys located throughout California and Oregon can assist you with your bankruptcy questions.

A San Jose bankruptcy attorney explains the role of a bankruptcy trustee.

When you declare bankruptcy, there will be two court representative who will see your case: the bankruptcy trustee and the judge. The bankruptcy trustee is appointed by the court. They are generally a lawyer who is trained in bankruptcy law. Since the court itself is overloaded with a variety of cases, the trustee acts somewhat like a preliminary judge. They are not a judge, but they are the ones that will review your bankruptcy file and ask questions.

They will determine if all required documents are in order; they review your records for any fraud or misleading statements, and they also distribute payments in cases filed under Chapter 13. You will be under oath as they ask you questions. If you have hired an attorney, he should be there during this interview. Once the trustee is satisfied that all documents are in order, your case will be handed over to the judge.

The bankruptcy trustee does all the up front checking for the judge. This relieves the judge from having to do this tedious task. The judge takes a final look at your file once it reaches their desk, but they this time it's a formality because the trustee has done the overview process. It can take about a month or so for the judge to put their stamp of approval on your file.

We can answer all your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. If you need help regarding a bankruptcy in San Jose, call us at 408.279.2288 or 1800.941.6730 and we will be more than happy to offer you a free consultation over the phone. You can also fill out a free online evaluation at our website, www.sagarialaw.com, or request a free face to face appointment at a Sagaria Law office location close to you. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution needs.

A San Jose bankruptcy attorney gives five things to know about California bankruptcy law.

1. Educated Decision
Make sure you know the facts. It is important to know if you are a candidate for bankruptcy. Find an experienced bankruptcy attorney. They can help you decide if bankruptcy is the right choice.

2. Exemptions
Check all exemptions that are available. California bankruptcy law has two sets. You must choose system 1 or system 2.

3. Be Prepared To Answer
You will be asked numerous questions. Being ready to honestly answer these questions will help you proceed smoothly through bankruptcy.

4. Don't Believe Everything You Hear
This is a very stressful time for you. Don't believe everything you hear, until you have spoken with a bankruptcy attorney. There is a lot of misguided facts floating around about bankruptcy.

5. A Fresh Start
You are not alone. Many people battle everyday with their debt issues. There is help available. Bankruptcy can help to reduce your debt to income ratios. Filing for bankruptcy can be stressful, but knowing a few California bankruptcy law tips can get you on the right track.

At Sagaria Law, we offer an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose. If you need help regarding bankruptcy in San Jose, contact us at 408.279.2288 or 1800.941.6730 for a free consultation or visit us online at www.sagarialaw.com to request a free in person appointment at a Sagaria Law office location nearest you. We can answer your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation to quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose!

A San Jose bankruptcy attorney discusses consumer debt laws.

Consumer debt law can be very confusing and frustrating but there are several key things to remember when you are trying to resolve a debt. First, if the debt is valid then you will need to pay it. If you can’t afford to pay the debt in full you need to try and make payment arrangements. Ignoring debt collectors will not make the debt go away and it will only make the situation worse. However, there are rules that debt collectors must following when they are trying to collect a debt from you. Consumer debt laws prevent debt collectors from stalking or physically threatening you. The law also prohibits them from coming to your school or workplace to try and settle the debt. However, just because the law prohibits them from doing these things does not mean that it doesn’t ever happen. You best bet is to try and communicate with the debt collector and arrange to make payments that you can afford. If you feel like you need legal representation you should contact a consumer debt law attorney.

If you have a question regarding bankruptcy in San Jose please contact us at 408.279.2288 or 1800.941.6730 and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping, a cram down, asset protection, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist in all of these important areas. Please 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 Chapter 9, municipalities bankruptcy.

A municipalities bankruptcy is something that should be taken very seriously. The people who work in a place like Harrisburg, Pennsylvania realize that the city itself may have to file bankruptcy itself soon. A municipalities bankruptcy can lead to a definite decrease in the amount of services that w city will be willing to offer. You do see municipalities having to lay workers off following a bankruptcy reorganization.

The reorganization process is something that many cities are having to struggle with because they realize that such news may make it unlikely for new people to move into their city. We are seeing a number of cities in the state of California have to go through the chapter 9 bankruptcy process. The bankruptcy could be caused by the fact that the state of California may not have the most sound budget plan from a state perspective as whole.

New regulations regarding waste water treatment facilities and the Environmental Protection Agency may cause some other municipalities to end up going through a chapter 9 filing. The hope is that the EPA rulings can be delayed so a city can properly manage their finances and plan ahead for ways to take care of the waste water treatment projects.

If you would like more information on this topic or other bankruptcy topics, please contact our San Jose office at 408.279.2288 or 1800.941.6730. We at Sagaria Law can connect you with one our our experienced San Jose bankruptcy attorneys. We have bankruptcy attorneys located throughout California and Oregon to assist you with your bankruptcy questions. If you need assistance regarding a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! Please contact us to receive a free consultation or visit our website at www.sagarialaw.com to request an in-person consultation with an experienced bankruptcy attorney. We have an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose.

A San Jose bankruptcy attorney answers the question: Do I Need a Lawyer to File Chapter 7?

If you're contemplating filing bankruptcy, the question is do you need a lawyer to file chapter 7? It's not required, but it is advisable to hire one.

What is Chapter 7 Bankruptcy?
This type of bankruptcy is called full discharge. In most cases a person will have unsecured debt in which they cannot pay. Each state has different limits that you must not exceed to qualify. The main elements are income and household size. There are also limits on what type of assets you can keep.

Is a Lawyer Required to File chapter 7?
You can file the required documents yourself, but because it will cost you more money if you make errors, it is advisable to at least consult with a lawyer. The other factor in this decision is emotions. These situations are extremely emotional for some people, if you are one of them a lawyer will be a benefit to your case.

A lawyer who does this daily has a staff that is experienced in filing papers and they have software to double check your information. Errors are almost nil when using an experienced law office. If you want to file chapter 7 and you need it done right the first time, hire a lawyer. Hopefully this will be a one time event, it is worth the lawyers fee to have it done right.

Please do not hesitate to contact us at our San Jose office by calling 408.279.2288 or 1800.941.6730 for your debt resolution needs. You can receive a free consultation over the phone, or request a free in person appointment at a Sagaria Law office nearest you. Please visit our website at www.sagarialaw.com and fill out a free online evaluation form to determine if you are a qualified candidate for bankruptcy. Sagaria Law's team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff at San Jose can assist you with all aspects of your bankruptcy case. We at Sagaria Law can assist you regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. and we are happy to help! Our bankruptcy attorneys located throughout California and Oregon can assist you with your bankruptcy questions.

A San Jose bankruptcy attorney gives basic information on bankruptcy fraud.

Bankruptcy laws allow people and businesses who can no longer pay their creditors to "start over," by liquidating their assets to pay their debts or by creating a repayment plan. However, some debtors decide to willfully deceive the court when they file their cases. This bankruptcy fraud can take several forms. One is the concealment of asset accounts. Debtors may not list all assets as required by law, may transfer assets to someone else, or list them as less than their actual value. Concealment of assets accounts for 70 percent of all bankruptcy fraud.

With petitions mills, a "typing service" files bankruptcy in a the name of a tenant who is having financial problems and then drags out the case for an extended time. Also, debtors can file in multiple states, using real or fake information. The assets listed in each filing are different, in an fraudulent effort to protect the assets against total liquidation.

The penalties are severe if a person is caught purposefully trying to deceive the legal system through a fraudulent bankruptcy filing. Bankruptcy fraud is a felony and is punishable with a maximum penalty of five years in federal prison and a maximum fine of $250,00.

We can answer all your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. If you need help regarding a bankruptcy in San Jose, call us at 408.279.2288 or 1800.941.6730 and we will be more than happy to offer you a free consultation over the phone. You can also fill out a free online evaluation at our website, www.sagarialaw.com, or request a free face to face appointment at a Sagaria Law office location close to you. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution needs.

A San Jose bankruptcy attorney describes the consequences of bankruptcy fraud.

One of the worst crimes that a person in the United States can do is defraud the government. One area that fraud happens is in bankruptcy proceedings. Bankruptcy fraud happens all of the time and bankruptcy fraud penalties vary from case to case.

Bankruptcy fraud is committed when an individual or business files for bankruptcy and intentionally hides, conceals, or lies about the ownership of items in their possession. The government can liquidate assets in bankruptcy proceedings and if information is being held back, it hurts the creditors and it hurts the public as a whole.

The Internal Revenue Service and The Justice Department are the ones who are in charge of prosecuting bankruptcy fraud. Some of the penalties that arise from bankruptcy fraud are jail time, significant fines and fees, and restitution. Depending on the judge, both jail time and the fees and restitution can be levied or it can be just payment of fines and restitution and not having a criminal court case. Bankruptcy fraud penalties all hinge on who exactly is presiding of the case.

At Sagaria Law, we offer an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose. If you need help regarding bankruptcy in San Jose, contact us at 408.279.2288 or 1800.941.6730 for a free consultation or visit us online at www.sagarialaw.com to request a free in person appointment at a Sagaria Law office location nearest you. We can answer your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation to quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose!