Find a Bankruptcy Lawyer in Menlo Park, California

Menlo Park Bankruptcy Lawyers, CA

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In Menlo Park, California, bankruptcy is a court procedure in which a person or business has some or all of their debts excused (or "discharged"), theoretically allowing them to start 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 convenient 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 potential benefits.

For that reason, it would be advisable to speak with a good Menlo Park, California bankruptcy attorney. This attorney will be able to advise you as to whether or not filing for bankruptcy is a good idea, given your particular situation. This determination is highly dependent on the details of each individual case, so a Menlo Park attorney's advice is truly indispensable.

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Types of Bankruptcy in Menlo Park, California

There are 3 bankruptcy schemes that are largely used in Menlo Park: Chapter 7, Chapter 13, and Chapter 11 bankruptcy. Bankruptcy is governed by federal law, so the procedures in Menlo Park, California are very similar to what they will be anywhere else in the United States. Chapter 7 bankruptcy requires the debtor to liquidate some of his or her assets in order to pay off as much debt as possible. Once the sale of the assets is verified, and the proceeds handed over to the creditors, the debt is perceived as discharged. Liquidation is basically selling assets to the highest bidder. Not all of the debtor's assets will need to be sold, and many types of property are totally or partially exempt, including homes, cars, retirement accounts, and insurance policies. This means that the debtor can keep them. It should be noted that some types of debts are not dischargeable in Chapter 7 bankruptcy, including student loans, criminal fines, taxes, and child support payments. Even when the bankruptcy process is complete, these debts will have to be paid in full.

The other largely used bankruptcy system in Menlo Park is Chapter 13 bankruptcy. This allows a debtor to repay most or all of their debts in a structured manner. It reorganizes the debt into lower periodic payments that, with a bit of frugality, the debtor should find manageable. This allows the debtor to continue to earn a living, and allows the creditors to eventually collect what they are owed. Once a repayment plan is authorized by the bankruptcy court, creditors are legally barred from seeking repayment under the terms of the agreements that gave rise to the debt in the first place, and will instead have to accept payment under the new plan. Chapter 13 bankruptcy is usually a better option for people who have a steady income. Chapter 11 bankruptcy is primarily used by businesses, though it can be used by individuals (which is quite rare). Chapter 11 bankruptcy requires that the debtor come up with a reorganization plan - essentially telling the court how they propose to cut costs, streamline their operations, and pay their debts. This plan must be authorized by the participating creditors through a simple majority vote.

During the Chapter 11 process, a business can usually continue its operations, and the stock can be traded, even if it is de-listed from a major stock exchange.

How Can a Menlo Park Bankruptcy Lawyer Help?

The need to weigh all the options and consider the costs and benefits of applying for bankruptcy in Menlo Park cannot be overstated. If you are considering filing for bankruptcy, it would be a good idea to speak with a Menlo Park bankruptcy attorney beforehand.

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Life in Menlo Park

Menlo Park, California is a city in San Mateo County, in the southern portion of the San Francisco Bay Area, commonly known as "Silicon Valley," due to the large number of high-tech companies located in the area. Menlo Park currently has a population of about 32,000 people.

Menlo Park first got its name in the 1850s, when some of the original settlers to found the city named it after Menlo, Ireland, their hometown. Many people assume that, because Menlo Park is home to many innovative high-tech companies, it is named after Menlo Park, New Jersey, where inventor Thomas Edison did much of his work. However, the name predates much of Edison's work, and the fact that both cities are known for technological innovation and share the same name is a coincidence.

Many large law firms have offices in Menlo Park, thanks to the presence of a large number of high-tech companies. 

Thanks to its vibrant and sophisticated business environment, there are many Menlo Park, California attorneys who can handle a wide range of complex cases. If you are in need of legal services, there's almost certainly at least one Menlo Park, California lawyer who can help you with whatever legal issue you might face.

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