Find a Bankruptcy Lawyer in Los Gatos, California

Find the right Bankruptcy attorney in Los Gatos, CA

  • /10
  • Client Overall
    Satisfaction Rate*
*TrustPilot score as of 010118

Find Lawyers

In Los Gatos, California, bankruptcy is a court procedure in which a person or business has some or all of their debts cleared (or "discharged"), theoretically allowing them to begin with a clean slate, and move on with their lives no longer drowning in debt (and hopefully having learned to better manage their use of credit in the process). Remember, though, that bankruptcy should not be viewed as a proper way to get out of debt that you don't feel like paying back. It is meant to serve as an option of last resort for people and businesses faced with debt that they will probably never be able to pay back. The decision to file for bankruptcy can result in negative consequences, such as damaged credit ratings, which must be seriously weighed against the possible benefits.

Accordingly, you should speak with a good Los Gatos, California bankruptcy lawyer. Your Los Gatos bankruptcy lawyer can inform you of the costs and benefits of filing for bankruptcy, and give his or her professional advice as to whether or not it's a good option, given your individual circumstances.

Types of Bankruptcy in Los Gatos, California

In Los Gatos, California, 3 types of bankruptcy procedures are in common use: Chapter 7, Chapter 11, and Chapter 13. Being governed by federal law, the procedures involved in filing for bankruptcy in Los Gatos, California will be about the same as anywhere else in America. Chapter 7 bankruptcy, or "liquidation," requires the debtor to sell some of his or her property to the highest bidder, and using the proceeds from the sale to pay down as much debt as possible. Once the sale is fulfilled, all dischargeable debt is deemed paid in full, whether or not the sale was able to raise the entire amount owed. You should note that some property (usually the types of property deemed essential) is fully or partially exempt from liquidation, meaning that the debtor gets to keep it. This includes houses, cars, and retirement accounts, among others. Some types of debts, however, cannot be discharged in bankruptcy, including taxes, child support, and student loans.

The other common bankruptcy scheme used by consumers in Los Gatos is Chapter 13 bankruptcy. In this system, debt is not discharged. Instead, it is restructured. This allows the debtor to have the terms of the contracts that gave rise to their debts in the first place thrown out, and replaced with new terms that call for a structured repayment plan, designed to allow the debtor to survive on whatever income they have, and allowing the creditors to get paid back eventually. Once a payment plan is approved, creditors are not allowed to attempt to collect payment under the original agreements. Although it can be used by individuals, Chapter 11 bankruptcy is used almost exclusively by businesses. Not unlike Chapter 13, Chapter 11 focuses on restructuring of debt, rather than discharging it. Chapter 11 requires that the debtor come up with a reorganization plan designed to reduce debt and cut costs. Before being executed, this plan must be approved by a majority vote of participating creditors.

While going through Chapter 11 bankruptcy, a business can continue operations, and its stock can continue to be traded.

How Can a Los Gatos Bankruptcy Lawyer Help?

One should not make the decision to file for bankruptcy in Los Gatos lightly. Before making any such decision, it would be highly advisable to contact an accomplished Los Gatos bankruptcy attorney.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Los Gatos

Los Gatos, California is a city in Santa Clara County, in the southern portion of the San Francisco Bay Area. Its population is currently about 25,000 people. "Los Gatos" is Spanish for "the cats." The name refers to the mountain lions which used to roam the area.

The nearest large city to Los Gatos is San Jose. It is also a fairly short drive from the other major Bay Area cities of San Francisco and Oakland, meaning that residents of Los Gatos, California have access to a wide variety of amenities and job opportunities that these three large, and very different, cities offer.

Being located in the Silicon Valley region of California, several high-tech companies, including Netflix, ImageShack, Cryptic Studios, among others, are headquartered in Los Gatos, California.

Thanks to the presence of companies like those, many national and international law firms have Silicon Valley offices, many of them close to Los Gatos. Of course, you don't need to be able to afford the rates charged by a large law firm to get quality legal representation in Los Gatos, California. There are many quality and affordable Los Gatos, California lawyers who can help you with almost any legal issue you might be facing.