Consumer Bankruptcy Lawyers in Santa Clara, California

Find the right Consumer Bankruptcy attorney in Santa Clara, CA

Bankruptcy is a legal procedure that allows an individual or business to have some or all of their debts discharged. It is typically considered as an option of last resort, because while it can stave off financial disaster, it has some substantial 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 Santa Clara, California before you file.

Chapter 7 Bankruptcy in Santa Clara, California

In Santa Clara, California, there are 2 typical 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 typically includes homes, vehicles, retirement accounts, and others. These are not available to creditors.

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

Chapter 13 Bankruptcy in Santa Clara, California

Chapter 13 Bankruptcy in Santa Clara, California differs considerably from Chapter 7. It might be a better option than Chapter 7, depending on the facts of your case. Chapter 13 does not absolve any debt, but it creates a new payment plan that should give the debtor some breathing room. Usually, all of the debts are consolidated into 1 periodic payment. While this might make it take longer to pay off the debt, if the debtor is willing to make a few sacrifices, the plan should be manageable.

Which Type of Consumer Bankruptcy Should I File in Santa Clara, California

Chapter 13 is typically 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.

Of course, you should always seek the counsel of an experienced local Santa Clara, 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 specific situation.

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Life in Santa Clara

Santa Clara, California is located in Santa Clara County in the heart of the Silicon Valley. Many advanced technology and semi-conductor companies are headquartered in the city, including Intel, McAfee, Applied Materials, and Agilent Technologies. Sun Microsystems and Oracle are also major employers in the area. The city of Santa Clara owns and operates its own electric utility facility called Silicon Valley Power. As a result, electricity rates are considerably cheaper in Santa Clara.

Aside from its central role in the Silicon Valley semiconductor boom, Santa Clara, California is home to a diverse array of facilities. Buck Shaw Stadium is located in the city, and is home to the Major League Soccer team the San Jose Earthquakes. The San Francisco 49ers holds practices in Santa Clara and is also headquartered there. Great America, a popular amusement park in the Bay Area, is also located in Santa Clara. The city also hosts a number of outdoor events such as the Art Wine Festival in September and Concerts in the Park.

Santa Clara is a major city for lawyers and attorneys, as the Santa Clara County Courthouse maintains a branch in the city. Many lawyers in Santa Clara, California received their legal education at Santa Clara School of Law. Santa Clara lawyers are available to assist clients in a diverse range of legal fields.

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