Consumer Bankruptcy Lawyers in San Francisco, California
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 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 San Francisco, California before you file.
Chapter 7 Bankruptcy in San Francisco, California
In San Francisco, California, there are 2 main forms of commonly-used consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 involves liquidation of some of a debtor's assets. It requires that a certain percentage of the debtor's property to be sold to pay off as much debt as possible. The majority of property that most people own, however, is exempt. This usually includes homes, vehicles, retirement accounts, and others. These are not available to creditors.
Once the eligible property is sold, and the funds transferred to the creditors, the dischargeable debt is excused. Some types of debt, however, can't be discharged in Chapter 7 Bankruptcy in San Francisco, California. These include student loans, criminal fines, and taxes, among others. If most of your debt can't be discharged, Chapter 7 might not be the best choice for you.
Chapter 13 Bankruptcy in San Francisco, California
Chapter 13 Bankruptcy in San Francisco, California is very different from Chapter 7. Whether or not it is a better option is highly dependent on the facts of each individual case. Chapter 13 bankruptcy does not eliminate debt, it restructures it. This involves a court coming up with a new repayment plan designed to be manageable for the debtor. This new plan sets aside the terms of the original agreements that created the debt in the first place. This creates a new payment structure, usually involving a single monthly payment, that the debtor should find manageable.
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Which Type of Consumer Bankruptcy Should I File in San Francisco, California
Chapter 13 is usually a good option for people who have a steady income, and a large amount of non-exempt property that they can't part with. On the other hand, if most of the debtor's property is exempt, and he or she does not have a steady income, Chapter 7 might be more beneficial.
Regardless of your situation, you should speak with an attorney in San Francisco, California who is experienced in bankruptcy before making a decision. They will be able to advise you of your options, and the likely consequences of each one, allowing you to make a much more informed decision.
Consumer Bankruptcy Attorneys in the Largest CA Cities
Life in San FranciscoSan Francisco is one of the most exciting cities in California. Known for its diverse population, liberal atmosphere, and gorgeous location, San Francisco is a small area that has a lot to check out!
One of the most famous attractions is the beautiful Golden Gate Bridge. Gorgeous views of this attraction can be seen from the Lands End hike. Of course, nothing beats actually driving on the bridge and experiencing its beauty.
Other popular attractions include the San Francisco Museum of Art, Chinatown, Ghiradelli Square, Fisherman's Wharf at Pier 39, Golden Gate Park, the Metreon, Union Square, and the beautiful Embarcadero.
Really a few paragraphs cannot encompass the diverse, fun, and exciting vibe of this hip metropolitan city. San Francisco's downtown is known at the "Financial District," which has offices of many high-tech start-ups, Fortune 500 companies, as well as law firms! Everyone from small, to mid-size, to large multi-national firms have an office location in San Francisco. What is great is that Northern California residents can shop around and choose the attorney and/or firm that will suit their needs best. Simply put, San Francisco has it all.