Consumer Bankruptcy Lawyers in San Mateo, California

Find the right Consumer Bankruptcy attorney in San Mateo, CA

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 San Mateo, California before you file.

Chapter 7 Bankruptcy in San Mateo, California

In San Mateo, California, there are 2 common 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 normally includes homes, vehicles, retirement accounts, and others. These are not available to creditors.

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 San Mateo, 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 San Mateo, California

Chapter 13 Bankruptcy in San Mateo, California differs substantially from Chapter 7. It might be a better option than Chapter 7, depending on the facts of your case. Chapter 13 bankruptcy does not discharge debt. Instead, it restructures it. This involves the bankruptcy court coming up with a new payment plan that supersedes the terms of the contracts that gave rise to the debt in the first place. This results in an altered payment plan that the debtor should find manageable, if he or she can make a few sacrifices.

Which Type of Consumer Bankruptcy Should I File in San Mateo, 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.

Whatever your situation, you should speak with a local San Mateo, California bankruptcy attorney. Your lawyer will be able to advise you of your options and their likely outcomes, which will help you make a more educated decision.

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Life in San Mateo

San Mateo, California is a city in San Mateo County. It has a population of about 100,000 people, making it one of the larger suburbs in the San Francisco Bay Area.

San Mateo was first settled by Europeans in 1789, when the Spanish established a missionary and military presence in the area now known as San Mateo.

Modernly, the economy of San Mateo, California is driven by education, local government, finance, and retail. The largest employer in San Mateo is the San Mateo County Community College District, which employs over 1,900 people, including several San Mateo, California lawyers.

If you live in San Mateo, California and are in need of legal assistance, it's very likely that there's a good San Mateo, California attorney who can help. Lawyers in San Mateo, California are able to handle a wide range of legal issues.

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