Consumer Bankruptcy Lawyers in Oakland, California

Oakland 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 normally considered as an option of last resort, because while it can stave off financial disaster, it has some considerable long-term consequences warranting careful consideration of the costs and benefits. Bankruptcy is a creation of federal law, and goes through federal courts. Therefore, the procedure governing bankruptcy in California will be roughly the same as it is anywhere else in the U.S. But individual courts have different rules for what property is exempt, so you should consult a local Oakland, California before you file.

Chapter 7 Bankruptcy in Oakland, California

In Oakland, California, there are 2 common forms 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 normally includes homes, vehicles, insurance policies, and retirement accounts. These do not need to be sold.

Once the qualifying property is sold, and the funds transferred to the creditors, the dischargeable debt is cleared. Some types of debt, however, can't be absolved in Chapter 7 Bankruptcy in Oakland, California. These include student loans, criminal fines, and taxes, among others. If most of your debt can't be absolved, Chapter 7 might not be the best choice for you.

Chapter 13 Bankruptcy in Oakland, California

Chapter 13 bankruptcy in Oakland, California is markedly different. It may or may not be a better option than Chapter 7, depending on the facts of your individual case. Chapter 13 bankruptcy does not excuse debt, it restructures it. This involves a court coming up with a altered repayment plan designed to be manageable for the debtor. This new plan sets aside the terms of the original contracts that created the debt in the first place. This creates a new payment structure, normally involving a single monthly payment, that the debtor should find manageable.

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Which Type of Consumer Bankruptcy Should I File in Oakland, California

Which Bankruptcy type to file under depends heavily on the facts of each particular case. If you have a steady stream of income (enough to make a payment plan manageable), and a large amount of non-exempt property that you don't want to part with, Chapter 13 may be best for you. If you don't have a steady income or large amounts of non-exempt property, you may be better off filing for Chapter 7.

In any case, you should talk with a local Oakland, California bankruptcy attorney. Your attorney can advise you of your options and inform you of their likely outcome. This will make it much easier for your to make an informed choice.

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Life in Oakland

Oakland is a San Francisco Bay Area city and major West Coast port. During the 1940s the Port of Oakland provided a bustling war industry that attracted many residents from the Deep South who were looking for work. Oakland home to seven major companies who are also major local employers: Kaiser Permanente, Clorox, Dreyer's, Cost Plus, Ask.com, and Pandora Radio to name a few. Oakland is also home to the Oakland International Airport, a major United States Postal Service center, FedEx, the Internal Revenue Service (IRS), and Southwest Airline who each employ over 4,000 employees. Some San Francisco and Silicon Valley professionals opt to live in Oakland because the cost of living is much lower and BART (Bay Area Rapid Transit) options make it cheap to commute. Drivers use the Bay Bridge for nearest access to the peninsula.

Oakland is one of the most Diverse Alameda County cities with annual parades and celebrations. Some of that diversity can be attributed to the major universities and colleges in Oakland. California College of the Arts, Mills college, Holy Names University, Patten University, and University of California Berkeley all have installations in Oakland. Historic attractions like Jack London Square, Oakland Zoo, Peralta Hacienda Historical Park, the USS Potomac (President Roosevelt's Yacht), and the famous Fox Theater draw visitors from near and far.

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