Consumer Bankruptcy Lawyers in Menlo Park, California

Menlo Park Consumer Bankruptcy Lawyers, CA

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Bankruptcy is a legal procedure that allows an individual or business to have some or all of their debts discharged. It is usually considered as an option of last resort, because while it can stave off financial disaster, it has some significant long-term consequences warranting careful consideration of the costs and benefits. Bankruptcy is a formation of federal law, and goes through federal courts. Therefore, the process governing bankruptcy in California will be roughly the same as it is everywhere else in the U.S. But individual courts have different rules for what property is exempt, so you should consult a local Menlo Park, California before you file.

Chapter 7 Bankruptcy in Menlo Park, California

In Menlo Park, California, there are 2 main types of commonly-used consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves liquidation of some of the debtor's assets. It requires some percentage of the debtor's property to be sold in order to pay off as much of his or her debt as possible. However, the majority of property that most people own is exempt. This usually includes homes, vehicles, insurance policies, and retirement accounts. These do not have to be sold.

Once eligible assets are sold, and the proceeds turned over to the creditors, most remaining debt is excused. However, some forms of debt cannot be discharged in bankruptcy, including student loans, taxes, child support, personal injury awards, and fines. If most of your debt in Menlo Park, California is not dischargeable, you may want to consider other options besides bankruptcy.

Chapter 13 Bankruptcy in Menlo Park, California

In Menlo Park, California, chapter 13 is extremely different from Chapter 7, and may or may not be the best option for you, depending on your situation. Chapter 13 Bankruptcy involves a court setting up a altered payment plan, which allows the debtor to pay off most or all of his debts over a longer period of time, through monthly payments that should, assuming that the debtor is willing to make a few sacrifices, be manageable.

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Which Type of Consumer Bankruptcy Should I File in Menlo Park, California

The answer to this question depends strongly on your individual situation. If you have enough stable income to manage a payment plan, and a lot of non-exempt property that you are unwilling to part with, Chapter 13 may be a good option. If you don't have much stable income, and most of your property is exempt, Chapter 7 might be better.

In any case, it would be a good idea to consult a local bankruptcy lawyer in Menlo Park, California. Your lawyer can make an educated judgment as to what your best option is, and advise you accordingly (of course, the choice to file for bankruptcy is ultimately yours).

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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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