The San Francisco Bankruptcy Lawyer Blog welcomes you to our blog site! We are a blog production by Sagaria Law, A Professional Corporation. Our San Francisco Bankruptcy blog is a San Francisco and Bay Area-focused forum of up to date, informative blogs written by bloggers that also happen to be San Francisco Bankruptcy Attorneys. We address all topics related to every facet of Bankruptcy Law including new or changing bankruptcy laws, Creditor issues including harassment and Bankruptcy Litigation, Consumer Advocacy, bankruptcy steps, unemployment and bankruptcy, and many other bankruptcy industry hot topics. We strive to provide bankruptcy blog topics that are current, as well as informative for individuals in need of all things Bankruptcy in the Bay Area. Please bookmark our page and use it often as a resource on various topics on California bankruptcy laws, chapter 7 bankruptcy, chapter 13 bankruptcy, creditor negotiation, etc. to better your knowledge about your legal rights. If you would prefer to speak with one of our experienced bankruptcy attorneys, please call us at 1-877-884-2573 or complete the "Contact Us" and we will contact you for your free consultation in our San Francisco Bankruptcy Law Office.
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August 31, 2010

What is Foreclosure?

A San Francisco bankruptcy attorney discuss foreclosure...


What is foreclosure?
A foreclosure happens when the lender retakes possession of the home, which was the collateral for the mortgage. Generally this occurs when the borrower has defaulted on the loan and is unable to work out an agreement with the lender. To protect its interest, the lender will retake the home and try to sell it to cover the outstanding balance.

Can I stop a foreclosure?
There are several ways to stop a foreclosure. One is to pay the default amount – generally equal to the number of missed payments plus some late fees. Some lenders will not accept the default amount and require the entire loan balance due in order to remain in the home. If paying off those balances is not a viable option, declaring bankruptcy can prevent a foreclosure. When an individual files for bankruptcy an automatic stay goes into effect, preventing the sale of a home or the bank taking repossession of the home.

Can I remain the home after it has been foreclosed?
That generally depends on what the lenders plans are and whether it was sold at the trustee sale. It is often possible to prolong the amount of time you can remain in a home after defaulting on your mortgage but it is difficult if the bank gets the Sheriff involved. Going through an unlawful detainer process is not simple and can make finding a new place to live difficult.

What if I cannot afford my home but don’t want a foreclosure?
You should ask you lender if they do a “cash for keys” exchange. That is basically just letting the lender know you cannot afford to remain in the home but want to leave without any issues. If you surrender your keys to the lender they will often pay you to help cover certain moving expenses. This is done to protect the lenders interest in the property.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 30, 2010

What is chapter 13 bankruptcy?

A San Francisco bankruptcy attorney on: What is chapter 13 bankruptcy?

Who can file for chapter 13? Chapter 13 bankruptcy is a type of bankruptcy where some or all of an individuals outstanding debts are repaid over the course of three to five years. Most people choose chapter 13 if they either make more than is allowed under chapter 7 or want to repay arrears on secured property. Chapter 13 also allows debtors to repay taxes and other debts owed to government agencies.

How is chapter 13 different than chapter 7? Chapter 7 bankruptcy is known as liquidation bankruptcy, where all of the debtors property they are not able to exempt is sold and repaid to creditors. The entire process is about three months and the debtor does not develop any type of repayment plan. Chapter 13 is different in the sense that the debtor can generally keep all of their property and instead uses income or other constant source of money to repay creditors. A monthly payment is made each month and at the end of the plan the debtor receives a discharge.

Why would someone want to file under chapter 13? Chapter 13s are beneficial to those who owe a lot of tax debt or are behind on their secured mortgage payments and just need time to catch up. An ideal chapter 13 debtor is someone with a constant income who will be able to not only make the regular monthly payments on their secured property, but also a little bit more to account for the past due amount and administrative fees associated with chapter 13 administration. It is generally not suggested that someone file chapter 13 if they cannot keep current on their secured property and afford to pay the administration costs.

Are unsecured creditors repaid in chapter 13? It depends. Often debtors make too much money to file under chapter 7 and so there is repayment to unsecured creditors over the course of the plan. Most chapter 13 cases result in only a percentage repayment, although some individuals make enough to fully repay all debts. Chapter 13 can still be a good option even if there is 100 percent repayment because the interest rates are lower and the debts are paid off in five years.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 27, 2010

What happens at the meeting of creditors?

A San Francisco bankruptcy attorney addresses: What happens at the meeting of creditors?

What is the meeting of creditors?
Section 341 of the Bankruptcy Code allows for the individual filing for bankruptcy to be asked questions by the trustee and creditors. The meeting gives interested parties an opportunity to question the debtor about the circumstances that led to the filing of bankruptcy and any specific questions related to outstanding balances the debtor is seeking to have discharged.

Is my appearance necessary? Yes. It is required that the debtor appear at the 341 hearing and be examined by the trustee and any creditors. Although it is possible to have the meeting postponed, it needs to be conducted in order for a debtor to receive a discharge.

How long is the meeting?
For most debtors the trustee only asks a few questions relating to the information contained in the petition. Creditors rarely show up so most debtors will not have to worry about being confronted and questioned about certain debts. In chapter 13 cases the trustee will inquire as to whether the planned monthly payments are going to pose a hardship.

What happens when the meeting is concluded?After the trustee has completed the examination they will file a report with the court indicating what happened. In a chapter 7 case, if there are no assets available to sell, the trustee enters a no asset report. In chapter 13 cases the trustee will conclude the meeting and make a determination as to whether to recommend the chapter 13 plan for confirmation or if more work is needed in order to develop a feasible plan.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 26, 2010

What Can A Loan Modification Do For Me?

A San Francisco bankruptcy attorney responds to: What Can A Loan Modification Do For Me?

Loan modifications are changes to the contractual terms of your mortgage. Generally the changes result in either some of the outstanding balance being reduced or a reducing in your monthly payments. Whatever the change, loan modifications are designed to help those who otherwise are having a difficult time meeting their monthly mortgage obligation.

There are some drawbacks associated with the loan modification process. Generally lenders will not modify the terms of an existing agreement unless the borrower can show the mortgage is causing a hardship for the household. The most common “requirement” is that the borrower not be current on their mortgage payments. Those who are current and up to date with the payments have a much more difficult time modifying the terms of the agreement.

Lenders will typically set up a borrower on a trial period in order to test how the new monthly payments will work. If the borrower successfully makes it through the trial period the lender may choose to make the modified terms permanent. Often this includes building whatever arrears have accumulated back into the payment terms.

Advantages of obtaining a loan modification mean that you often are no longer considered in default with your mortgage because any default amount is built back into the new payments. This can potentially help those who would otherwise need to file a chapter 13 bankruptcy in order to save their home. A loan modification will generally allow those thinking of bankruptcy to proceed under chapter 7 to discharge debts instead of working out a repayment plan with respect to mortgages.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 24, 2010

Bankruptcy and Foreclosure

A San Francisco bankruptcy attorneydiscusses bankruptcy and foreclosure...

Filing a bankruptcy petition prior to the sale of a foreclosed home stops the foreclosure process. Bankruptcy and foreclosure are closely related in the sense many individuals look to bankruptcy to help discharge debts and stop adverse actions against them. When the bankruptcy petition is filed a stay automatically goes into effect.

The stay prevents lawsuits, garnishments, and other actions from being filed against debtors while under the protection of the bankruptcy court. The automatic stay is an important tool for individuals who want to stop a foreclosure. The stay not only allows individuals to remain in their homes during bankruptcy but also allows them to rearrange their finances in order to work out a feasible repayment plan.

Lenders, however, can petition the court to have the stay lifted as applied to them. The stay is generally lifted if the individual communicates to the bank that there is no intention to remain in the property or that the property is to be surrendered during or after the bankruptcy. The bank often wants to retake possession of the home in order to protect its interest in the property.

The automatic stay goes into effect regardless of what chapter bankruptcy is filed. It is important for those filing for bankruptcy to understand that it is still possible to lose property when the bankruptcy petition is filed. As mentioned above, creditors will often ask the court to lift the stay if the property is not essential to the debtors reorganization or if payments are not made after the petition is filed.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 23, 2010

Bankruptcy and Credit Card Debt

A San Francisco bankruptcy attorney speaks on Bankruptcy and Credit Card Debt

Those pondering whether to file bankruptcy generally want to know what happens to credit card debt if bankruptcy is filed and upon discharge of a successful bankruptcy petition. Credit card debt is unsecured, meaning there is no collateral or other asset securing the loan amount. Depending on the type of bankruptcy filed, one of several things can happen – the entire debt is discharged, partial repayment is made, or full repayment is made but at 0% interest.

In chapter 7 bankruptcy, the unsecured credit card debt is eliminated upon discharge. The trustee overseeing the chapter 7 bankruptcy will collect all nonexempt assets, if available, to sell on behalf of the creditors. Whatever money is collected, less the trustee fee, is distributed to the unsecured creditors. A majority of the chapter 7 cases filed are no-asset cases, meaning nothing is sold by the trustee and unsecured creditors receive no repayment.

In a chapter 13 bankruptcy case, the amount the creditors are repaid generally depends on the financial situation of the debtor. Often a chapter 13 case is filed in order to allow a debtor to catch up on missed mortgage or car payments and there is not enough leftover income to repay any unsecured debt. At the end of the repayment plan the unsecured debt is discharged.

Post-discharge can be a difficult time for many debtors when it comes to trying to obtain credit. There are several steps that can be taken in order to boost credit scores and have a more positive credit history. The easiest thing to do is obtain a secured credit card. Although you pay the balance ahead of time, the secured credit card does help establish your post-discharge credit history and will help increase your credit score. It also demonstrates to lenders that you are financially responsible and a good candidate for loans and other types of credit.
If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 20, 2010

Can My Business File Bankruptcy?

A San Francisco bankruptcy attorney addresses: Can My Business File Bankruptcy?

Can a business file bankruptcy?

Yes. The bankruptcy code provides relief not just for individuals and couples but also for businesses. Business can file under either chapter 7 or chapter 11, depending on what the goals of the business are. Filing under chapter 7 generally means that the business wants to liquidate whatever assets it has and close its doors, while filing under chapter 11 allows the business to remain open and continue its operations.

Which chapter is better?

That generally depends on what the goals of the business are. Often individuals who own businesses want to cease operations and have bankruptcy end all outstanding obligations. In that case a chapter 7 filing would be best suited to achieve those goals. It is important to understand that sometimes a personal bankruptcy is needed in order to extinguish all liability, as many smaller business loans and lines of credit are personally guaranteed and the only way to completely remove all obligation to pay is to file personally and include all business debts. If the business would like to remain open and simply reorganize its economic structure, then a chapter 11 filing is better tailored to meet those goals.

Does a business filing under chapter 7 receive a discharge?
No. A business does not receive a discharge in bankruptcy. Instead, its debts are written off and the business ceases doing business in the state. If the debts are not personally tied to anyone then the outstanding loans die with the business.

What about sole proprietorships?

A sole proprietorship is essentially an extension of the individual who started the business, therefore making all debts of the business debts of the individual. In those cases it is best for the individual to file a personal bankruptcy in order to be relieved of any obligation to pay the debts.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 18, 2010

A Word on Bankruptcy Fraud

A San Francisco bankruptcy attorney on Bankruptcy Fraud

Lying on your bankruptcy petition or incurring debt with the intention of filing bankruptcy can often lead to certain debts being excepted from discharge. While this is not a concern for most people who file for bankruptcy, bankruptcy fraud is actively investigated by the F.B.I. so it is important to be completely honest when submitting information to your bankruptcy attorney and to ensure that the information contained in your petition is true and accurate.

Filing for bankruptcy and not disclosing significant assets can lead to the trustee (as well as creditors) objecting to the discharge of all debts listed in your petition. The purpose of your bankruptcy petition is not only to give notice to all of your creditors, but is also to represent an accurate portrayal of your financial situation (by way of real and personal property that you own).

Aside from omitting assets, other behavior can also inhibit obtaining a discharge. Transferring funds to a friend or relative can also lead to the trustee avoiding those transactions and asking for the money back. In addition, transferring title of property out of your name is generally not allowed. There are, however, certain transfers that are acceptable. For example, putting money into your retirement account or prepaying a mortgage obligation are acceptable ways of preparing for bankruptcy.

The most important thing for debtors to remember is that the more honest you are about your assets and financial situation, the more problem free the bankruptcy process will be.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 16, 2010

Involuntary Bankruptcy and Credit Counseling

A San Francisco bankruptcy attorney comments on Involuntary Bankruptcy and Credit Counseling

When the bankruptcy code was amended in 2005 one of the new provisions added by Congress was the requirement that all those planning on filing bankruptcy had to first complete a certified credit counseling course. This pre-filing requirement is mandatory for those who wish to file for bankruptcy. There is a question of whether involuntary proceedings against a debtor require the same compliance with the law.

Several courts have addressed the issue of involuntary bankruptcy and credit counseling completion. It would be rather difficult to comply with the requirement that the course be taken 180 days prior to filing when the petition is an involuntary one, because the debtor is not filing the petition; it is a creditor instead. It seems to be the consensus that the requirements do not apply to those debtors who are involuntary brought into bankruptcy.

Involuntary bankruptcy and credit counseling requirements would frustrate the purpose behind the credit counseling purpose initially sought when Congress made the changes. The purpose behind the credit counseling requirement is to allow the debtor to make an informed choice about whether to file. In an involuntary proceeding, the debtor is not making a voluntary choice and therefore requiring the course prior to the filing of an involuntary petition would not be in line with the goals Congress had in mind when the code was amended.

Therefore, creative debtors in an involuntary action cannot dismiss the bankruptcy for failure to comply with the credit counseling requirement. Involuntary bankruptcy actions are not subject to the credit counseling requirements.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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August 13, 2010

Overview of Bankruptcy Exit Plans

A San Francisco bankruptcy attorney provides an Overview of Bankruptcy Exit Plans

Overview of Bankruptcy Exit Plans

The goal of bankruptcy is to allow the person (or business) filing to either discharge as much debt as possible or restructure the debt to allow for either partial or full repayment. This bankruptcy exit plan is important, regardless of which chapter the petition is filed under.

In chapter 7 the bankruptcy exit plan is simply to discharge as much debt as possible and emerge only with what property you intend to keep. The bankruptcy exit plan is usually to discharge credit card debt and obligations on personal loans, while continuing to make payments on secured debt (usually on a house or car).

In chapter 13, the bankruptcy exit plan is usually to allow time for the debtor to catch up on mortgage arrears and other missed payments on secured debts. Generally there is little to no payout to unsecured creditors. However, it is often advantageous to file under chapter 13 even if the repayment to unsecured creditors will be in full because there is a very low interest rate and the plan is only for five years.

A chapter 13 bankruptcy exit plan can also allow for past due taxes and domestic support obligations to be paid through the plan. This allows debtors to not have to worry about those debts surviving chapter 7 and allow them to structure their expenses accordingly.

Whatever the bankruptcy exit plan, it is important to first understand what type of debt you want discharged and what your intentions are with the secured property you hold.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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100% Money-Back Guarantee from Sagaria Law

If the courts do not accept your bankruptcy filing because of an error on our part, we will refund 100% of your money, including the filing fee!

At Sagaria Law, PC we want to guide you on the path to financial freedom and realize this is not an easy task for most. We respect your devotion to better your circumstances even with financial hardship and thus are willing to guarantee that if you retain us, we will do everything we can, legally and ethically, to help you become debt-free.

The Fine Print

The Sagaria law guarantee covers everything that a bankruptcy law firm produces in order to successfully complete a bankruptcy filing. We guarantee that it will be done in a manner that is accepted for filing with the bankruptcy clerk's office.

There may be reasons beyond our control that may cause a case to be dismissed. Therefore, the 100% Money-Back Guarantee does not guarantee;

  1. That you will receive a discharge.
  2. That you will receive a discharge of all debts or of any particular debt.
  3. That your case won't be dismissed for reasons not related to the paperwork being accepted for filing.
  4. That you, our client, will successfully complete all of your obligations including accurate disclosure of debts, completing your forms on time and attending your 341 meeting as scheduled.
  5. That you will not lose assets in chapter 7, or that creditors won't successfully argue for the repossession of collateral in chapter 13.
  6. That you will not encounter challenges of any kind to your bankruptcy case.

Take advantage of this offer. Get started now by completing your FREE online bankruptcy evaluation, accessible from our home page.

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