San Francisco Bankruptcy Attorney Blog

A San Francisco Bankruptcy attoorney describes the 341 meeting when filing a Chapter 7 bankruptcy...

When filing chapter 7 bankruptcy, most people only have to go to court once. This is for the 341 meeting of creditors. This meeting is short, and despite its name creditors generally do not attend. There is no judge present either. Rather, the meeting is presided over by a trustee, who is a court appointed official. The meeting is held primarily for the purpose of collecting and verifying information. It takes place 20-40 days after the date of filing.
The trustee can file a motion or an adversary in the bankruptcy court for the judge’s consideration if in the meeting any new information comes out that they feel needs to be addressed. If you have hired a bankruptcy attorney to handle your case, they will attend the 341 meeting with you. Before the meeting they will go over what will happen at the meeting and prepare you so you know what to say.

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!

A San Francisco bankruptcy lawyer explains filing bankruptcy without your spouse...

Many people look into bankruptcy protection as a means to alleviate debts that can no longer be managed. It is often the best option for those looking for a fresh start. We all know bankruptcy impacts your credit, and you may want to protect your spouse from this impact. This is especially true if you accumulated your debts prior to your marriage, and don’t want your spouse to suffer for something that wasn’t their fault.

Thankfully, you file bankruptcy individually and keep your spouse out of it. Your spouse is not liable for your debts just because you are married. If you and your spouse have any joint debts, then your spouse will still be liable for the debt after you file bankruptcy, so in this case you may consider a joint filing. Also, if you and your spouse own any joint property, it can be included as part of your assets. In a community property state such as California, both halves of the property are included in the assets.

In order to determine whether you should file individually or jointly, it is best to consult with an attorney in your area. If you are in the area of one of our offices, feel free to contact us for a free consultation as well.

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!

A San Francisco Bankruptcy Attorney clarifies Chapter 7 bankruptcy

It is a common belief that when you file Chapter 7 bankruptcy the court will take and sell everything you own. This is not true. When you file for a Chapter 7 bankruptcy, you can keep more of your property than you’d think, though it varies from state to state. You may even be able to keep the equity in your home!
A homestead exemption is where you can exempt a certain amount of equity in your home. This amount varies from state to state. You can also usually keep a vehicle, along with furnishings, clothing, appliances, and household goods. Plus if you own tools involved with your profession, you can probably keep those too. Other property not mentioned here can often be kept as well.

To determine how to best protect your property in a bankruptcy filing, it is best to contact a lawyer in your area. If you are in the area of one of our offices, feel free to give us a call to schedule your free consultation with one of our bankruptcy attorneys.

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!

A San Francisco Bankruptcy Attorney speaks on Americans and Bankruptcy
This year, we as Americans are on pace to file 1.5 million bankruptcies. To put that number into perspective, that’s 6,000 bankruptcies every day. There are a number of reasons for these staggering figures. According to the Bureau of Labor Statistics, as of October 1st unemployment is at 9.8%, which is double what it was at the beginning of the recession. Combine this with the shrinking of credit that has come with the recession, and it becomes clear why so many people would turn to bankruptcy.
These facts should make it clear that people filing bankruptcy are not alone. They should also offer some relief to those who are concerned that they are being unfair to their creditors. Unemployment and shrinking credit have swept through our economy, and are beyond our control. Through Chapter 7 or Chapter 13 bankruptcy, however, many people are getting back on their feet and taking control of their lives.

In order to determine if bankruptcy is right for you, it is best to contact an attorney in your area. If you are in the area of one of our offices, feel free to give us a call in order to schedule a free consultation with one of our bankruptcy attorneys.

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!

A San Francisco Bankruptcy Attorney chats about discharging medical bills during bankruptcy...

Medical emergencies and major illnesses happen when we least expect them. Between emergency room visits, surgery, and ongoing treatments, medical bills can easily be thousands, and for some people they can be hundreds of thousands or more. In addition to this, the emergency or illness can often result in losing time at your job or losing your job all together. Even those with health insurance often face large medical debts. Because of this, those with medical bills are often in a position where they may want to consider bankruptcy. In fact, a recent study at Harvard Medical School suggests that 62.1 percent of bankruptcy cases are medically related.
Bankruptcy is a clear choice for these people for many reasons. Chapter 7 and Chapter 13 bankruptcies can both discharge all of your medical bills and give you a fresh start. To put these debts on a credit card or a home equity line can cause enormous financial strain that can last for many years, far longer than even a bankruptcy lasts. Not only can the balances become so large it takes many years to pay off, but the interest can also pile up very quickly, especially with the high interest rates on credit cards.
In order to find out the best way to eliminate your medical bills through bankruptcy, you should contact an attorney in your area. If you are in the area of one of our offices, feel free to contact us and schedule a free consultation with one of our bankruptcy attorneys.

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!

A San Francisco bankruptcy attorney discusses the automatic stay...

The automatic stay alone motivates many people to file bankruptcy. When you file bankruptcy, the automatic stay immediately stops those trying to collect from you dead in their tracks. There are some exceptions, which we will go over below, along with the collections efforts you can stop with bankruptcy.
Eviction, foreclosure, and wage garnishment are some of the most important efforts that can be stopped. Preventing or ending wage garnishment can be crucial for those who are facing losing 25%-50% or more of their wages. If you are facing a foreclosure you may also want to consider a chapter 13, and you should speak with an attorney in your area to determine the best way to save your home. Eviction can be delayed with the automatic stay, though your landlord may still be able to evict you, depending on the circumstances.
Child support, proceedings related to taxes and criminal charges, and pension loans are all exceptions to the automatic stay. There may be other circumstances where the automatic stay does not help as well, so it is best to consult with an attorney to ensure this is used correctly.
To determine how you can use the automatic stay in your bankruptcy, you should contact an attorney in your area. If you are in the area of one of our offices feel free to contact us for a free consultation with one of our bankruptcy attorneys.

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!

A San Francisco bankruptcy lawyer explains lien stripping...

Under certain circumstances, in California, junior liens or deeds of trust can be removed from your home in a Chapter 13 bankruptcy case. This is known as “lien stripping.” The way it works is: If the fair market value of your home is less than the amount owed on your first mortgage, you can lien strip (remove) the junior liens on the property. This is also known as avoiding the lien in bankruptcy, but the term “avoid” is usually used in connection with judgment liens (involuntary liens) against your property, which can also be removed, but under different circumstances.

If successful, this means that the debt you owe on any such junior liens will be discharged if you complete your Chapter 13 payment plan, which lasts for 36-60 months. How much your plan payments would be depends on a number of factors, primarily your disposable monthly income. Lien stripping requires the filing of a Motion with the bankruptcy court (known locally as a LAM Motion) during the Chapter 13 case. It may also, depending on the judge in the case, require an additional “adversary proceeding” to remove the lien.

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!

A San Francisco Bankruptcy Attorney comments on bankruptcy with regard to not being a US citizen...

Some debtors are not US citizens but they have debts in the US, and some even live in different countries. The question now is whether or not they are eligible to file bankruptcy in the US. 11 U.S.C. 109 allows any person to file bankruptcy in the US if they reside, have a domicile, place of business OR property in the US. What constitutes sufficient “property”? That depends on the court, but for most, even a simple bank account will suffice. Sometimes merely depositing funds into an attorney’s trust account meets the requirement. In other words, in most cases almost any asset here in the US will make a person eligible to be a debtor in bankruptcy. For practical purposes, you also must have a mailing address in the US where you regularly receive mail. This is not a legal requirement, but is practically necessary.
The next question becomes wherein the USA you can file bankruptcy. Typically, federal venue laws require that your case be filed in the district where you have resided (or domiciled or have your principal assets or business) for the greater part of the 180 day period prior to filing your bankruptcy case. But what happens if you’ve lived outside the US for more than 180 days? There is no definite answer to this, but in this situation you can file your bankruptcy case anywhere in the United States. Ultimately, the need to appear for the 341a meeting and the costs associated therewith, may outweigh the benefits to filing the bankruptcy. In some cases, depending on the reasons why, the US Trustee’s office or the court may excuse physical appearance at the meeting, but this usually requires a showing of medical necessity or military obligations.

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!