December 8, 2010

Bankruptcy and Unemployment Benefits

A San Jose bankruptcy attorney explains what happens to unemployment benefits after filing bankruptcy.

When it comes to bankruptcy and unemployment, one question that is normally asked is if a person can file for bankruptcy while receiving unemployment benefits. This is a good question because many people who do not have jobs have no other means to pay their debts and have to resort to using their benefits.

Just because a person receives unemployment benefits does not mean that they are not eligible for bankruptcy. The payments that come from unemployment insurance are very low and there is a fund set aside by the government for that. With bankruptcy, the government can go after your assets and liquidate them in order to get the monies owed. As a matter of fact, in some bankruptcy cases, it will help you that you are getting unemployment benefits because it goes to show that you are not working and have a legitimate reason why you have not been able to pay your debts.

Bankruptcy and unemployment benefits are two entirely separate things. Assets can be touched with bankruptcy, whereas unemployment benefits are part of a social program to help people live their lives.

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!

Posted by Scott Sagaria | | Email This Post | Comments (0)

Posted In: Unemployment

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November 23, 2010

Unemployment and the Bankruptcy Means Test

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.

Posted by Scott Sagaria | | Email This Post | Comments (0)

Posted In: Means Test , Unemployment

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July 21, 2010

Can I file bankruptcy while unemployed?

A San Jose bankruptcy attorney blogs on the Question: Can I file bankruptcy while unemployed?

Answer: Yes. A debtor can file bankruptcy while unemployed. Generally, a debtor must provide six months worth of pay stubs when they submit their petition. If, however, a debtor is unemployed, they must simply file a declaration of unemployment with the court. Thus, a debtor can file bankruptcy while unemployed.

While a debtor can file bankruptcy while unemployed, if the debtor has no means of income a debtor probably will not be able to file a "feasible" Ch. 13 plan. An experienced attorney can provide guidance in these situations.

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!

Posted by Scott Sagaria | | Email This Post | Comments (0)

Posted In: Unemployment

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If the courts do not accept your bankruptcy filing because of an error on our part, we will refund 100% of your money, including the filing fee!

At Sagaria Law, PC we want to guide you on the path to financial freedom and realize this is not an easy task for most. We respect your devotion to better your circumstances even with financial hardship and thus are willing to guarantee that if you retain us, we will do everything we can, legally and ethically, to help you become debt-free.

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The Sagaria law guarantee covers everything that a bankruptcy law firm produces in order to successfully complete a bankruptcy filing. We guarantee that it will be done in a manner that is accepted for filing with the bankruptcy clerk's office.

There may be reasons beyond our control that may cause a case to be dismissed. Therefore, the 100% Money-Back Guarantee does not guarantee;

  1. That you will receive a discharge.
  2. That you will receive a discharge of all debts or of any particular debt.
  3. That your case won't be dismissed for reasons not related to the paperwork being accepted for filing.
  4. That you, our client, will successfully complete all of your obligations including accurate disclosure of debts, completing your forms on time and attending your 341 meeting as scheduled.
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