Consumer Bankruptcy Lawyers in San Rafael, California

Find the right Consumer Bankruptcy attorney in San Rafael, CA

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 San Rafael, California before you file.

Chapter 7 Bankruptcy in San Rafael, California

In San Rafael, California, there are 2 main types of commonly-used consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 involves liquidation of part 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 forms of debt, however, can't be discharged in Chapter 7 Bankruptcy in San Rafael, California. These include student loans, criminal fines, and taxes, among others. If most of your debt can't be discharged, Chapter 7 may not be the best choice for you.

Chapter 13 Bankruptcy in San Rafael, California

Chapter 13 Bankruptcy in San Rafael, California differs significantly 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 agreements that gave rise to the debt in the first place. This results in a new 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 Rafael, California

Chapter 13 is usually a good option for people who have a stable 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 stable income, Chapter 7 might be more beneficial.

Of course, you should always seek the counsel of an accomplished local San Rafael, California bankruptcy attorney before you make the decision to file. He or she will be able to advise you of your options, and suggest the best possible course of action for your particular situation.

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Life in San Rafael

San Rafael, California is a city in Marin County, which lies north of San Francisco, at the other end of the Golden Gate Bridge. Its population is currently about 58,000 people.

The area now known as San Rafael, California was originally populated by members of the Coast Miwok tribe of Native Americans.

Modernly, San Rafael's economy is one of the major centers for the entertainment industry outside of Hollywood. George Lucas, the creator of the Star Wars series of films, did most of his early work in San Rafael and the surrounding areas. Nowadays, it is still a center of the entertainment industry, but it focuses more on the high-tech aspects of the business, like special effects. A large number of software companies (particularly game developers) also have headquarters in San Rafael.

As a result of this, there are many lawyers in San Rafael who have developed sophisticated practices around the entertainment industry. Of course, San Rafael, California lawyers can also handle a wide range of other legal issues. If you need legal advice in San Rafael, there's probably a San Rafael, California attorney who can help.

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