Find a Bankruptcy Lawyer in Daly City, California

Daly City Bankruptcy Lawyers, CA

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In Daly City, California, bankruptcy is a court procedure in which a person or business has some or all of their debts absolved (or "discharged"), theoretically allowing them to commence 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 fitting 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 probable benefits.

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

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Types of Bankruptcy in Daly City, California

In Daly City, California, there are 3 types of bankruptcy in common use: Chapter 7, Chapter 13, and Chapter 11. Because bankruptcy is a result of federal law, the procedures governing bankruptcy in Daly City, California will be similar everywhere else in the U.S. Chapter 7 bankruptcy involves liquidation of part of the debtor's assets to pay off as much of his or her debt as possible. Once the liquidation is done, and the proceeds given to the creditors, the rest of the debt is discharged. Liquidation is essentially selling assets to the highest bidder. Only some of the debtor's assets have to be sold, and various classes of property are exempt, meaning that the debtor can keep them, including homes, cars, insurance policies, and retirement accounts. It should be noted that certain types of debt cannot be discharged through Chapter 7 bankruptcy, including student loans, child support payments, criminal fines, and recent taxes.

The other typical bankruptcy scheme used by consumers in Daly City 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 arrangements 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 authorized, 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 always 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 enforced, this plan must be approved by a majority vote of participating creditors.

One major advantage of Chapter 11 bankruptcy is that it allows businesses to continue their operations while the process plays out. Moreover, their stock can still be bought and sold.

How Can a Daly City Bankruptcy Lawyer Help?

Filing for bankruptcy in Daly City is a very important decision, and should not be made easily. Before filing, one should consult with a seasoned Daly City bankruptcy attorney for assistance.

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Life in Daly City

Daly City, California is a city in San Mateo County. It has a population of about 102,000 people. 

Daly City was founded in the 1770s, when the Spanish first settled California. Later, when Mexico gained independence from Spain, the area now known as Daly City was part of Mexico, until Mexico lost California in the Mexican-American War. It got its current name in the late 1800s, and is named after John Daly, a prominent local businessman and landowner. Daly City, California is known for being one of the only cities in the United States in which a majority of the population is Asian-American.

The economy of Daly City, California is largely based on healthcare, public education, retail, and services. Most of the professionals who live in Daly City, such as lawyers, work in the larger cities nearby. However, there are still many lawyers who practice within Daly City, and specialize in serving Daly City residents.

If you live in Daly City and are in need of legal services, it's almost certain that there is a Daly City, California attorney who can help.

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