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San Jose Bankruptcy Attorney

Find your San Jose Bankruptcy Lawyer




If you are considering bankruptcy, a San Jose bankruptcy attorney is crucial, helping you decide if it’s the right option for you.

Bankruptcy is a choice that provides relief to both businesses and private individuals with serious financial issues. It lends a framework that allows the debtor to keep some personal property, while remaining debts are relieved. This is often true, minus possible debts like domestic support.

More about Chapter 7 and 13 in San Jose

Chapter 7

Chapter 7 is maybe the most commonly referred to kind of bankruptcy; this is what most parties usually mean when they talk about filing bankruptcy in San Jose. This one approach to working with individual liability, as well as clearing your debts and other obligations. There are a few exceptions to this, again such as tax owed. Talking with a San Jose bankruptcy attorney will help you gain a full appreciation of how this type of bankruptcy could be an option for you.

You can keep some property with Chapter 7. There are several exemption sets. Both of these sets cover items like jewelry, business equipment, automobiles, furnishings etc. One major difference is with regard to home equity. Because these laws are inherently complicated, and because bankruptcy is a serious decision, it is always better to meet with a San Jose bankruptcy attorney to appreciate these points as they relate to your actual case.

Chapter 13

Chapter 13 Bankruptcy filings, are commonly referred to as "wage earner plans", and is what some unscrupulous individuals promote by listing, “avoid bankruptcy” or occasionally “file a wage earner's plan”, meaning it is a non bankruptcy filing. Of course they aren’t being truthful.

If someone's income will not cover full repayment of some debt, it’s often possible to pay back less than 100% of finds owed. Again, this is a detailed legal area and each individual will be unique; a San Jose bankruptcy attorney can lead you to the ideal resolution.

Chapter 11

Chapter 11 is like chapter 13 bankruptcy in many ways, although 11 is considered increasingly flexible. Chapter 11 is created with companies and large business in mind. This filing is often called upon to stretch payment out for many years. This may include payment to the IRS.

Chapter 11 includes a varied array of situations, and these situations are commonly complicated and unique. Each case will be very individual, commonly involving a significant amount of legal complexity.

Speak With A San Jose Bankruptcy Lawyer First

In the final analysis, a San Jose bankruptcy law firm can advise you on the specifics of your case. It’s certainly important to educate yourself on the essentials of bankruptcy law in general, but speaking with an experienced attorney in San Jose is key for making a truly thought-out decision.

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