Consumer Bankruptcy Lawyers in Sunnyvale, 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 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 Sunnyvale, California before you file.
Chapter 7 Bankruptcy in Sunnyvale, California
In Sunnyvale, California, there are 2 main types of commonly-used consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 states that a certain percentage of the debtor's property be liquidated to pay off at least a small part of their debt. However, many forms of property are exempt, and do not need to be liquidated, such as cars, homes, insurance policies, and retirement accounts.
Once eligible assets are sold, and the proceeds turned over to the creditors, most remaining debt is excused. However, some forms of debt cannot be discharged in bankruptcy, including student loans, taxes, child support, personal injury awards, and fines. If most of your debt in Sunnyvale, California is not dischargeable, you may want to consider other options besides bankruptcy.
Chapter 13 Bankruptcy in Sunnyvale, California
Chapter 13 Bankruptcy in Sunnyvale, California is very different from Chapter 7. Whether or not it is a better option is very 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 Sunnyvale, 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.
In any case, you should talk with a local Sunnyvale, California bankruptcy lawyer. Your lawyer can advise you of your options and inform you of their likely consequences. This will make it much easier for your to make an informed choice.
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Consumer Bankruptcy Attorneys in the Largest CA Cities
Life in SunnyvaleSunnyvale, California is a major city in the Silicon Valley of the San Francisco Bay Area. It has a population of 140,000 and is an important contributor to the field of high-tech electronic and digital technology. Sunnyvale is home to several major high-tech companies, and consistently ranks as one of the safest cities in the entire country.
As early as the 1960's, major corporations have been moving to Sunnyvale, California to participate in the digital and electronic boom centered in the Silicon Valley. Companies such as Yahoo!, Advanced Micro Devices, and Palm, Inc. are headquartered in the city. Steve Wozniak, co-founder of Apple, grew up in Sunnyvale, where he was exposed to the innovation and technology in Silicon Valley.
Sunnyvale is a unique city in that it maintains a Department of Public Safety. This department is a single, unified body that trains all personnel to operate as police officers, firefighters, and emergency medical response teams. This arrangement helps contribute to the city's low crime and overall city. Sunnyvale also holds a number of community social events that provide residents with ample opportunities for recreation.
Lawyers in Sunnyvale, California practice law in a number of fields in order to serve the unique needs of the city's businesses and residents. Sunnyvale lawyers process many legal claims at the Sunnyvale branch of the Superior Court of California, County of Santa Clara.