April 4, 2011

Problems with representing yourself in a bankruptcy

Many problems arise when people try and file bankruptcy without an attorney representing them. First of all is the paperwork. There are many various types of paperwork that, while they can be obtained for free online, are difficult to fill out and must be done perfectly for the court to accept them. This paperwork includes all the debtors’ assets, monthly utility bills and current bills which are in collections to be claimed in the case. If any of these papers are missing or filled out incorrectly, the case will be dismissed and the debtor will be banned from attempting to file in the future.

The second problem debtors run into is credit counseling. A certificate must be presented with the paperwork stating the debtor has completed pre bankruptcy credit counseling. If the debtor does not complete this counseling session, they are not able to file, or the case will once again be dismissed.

It is in the best interest of the debtor to obtain the services of a qualified bankruptcy attorney to prevent the case from being dismissed due to a technicality such as the paperwork done incorrectly or the counseling not being completed. In addition, these attorneys will work with the trustee in the case to determine the best solution for your needs, preventing you from going into court alone. It is always a good idea to have a qualified attorney on your side.


If you have a question regarding Bankruptcy in San Francisco please contact us at 1800.941.6730 and we can connect you with one of our experienced California Bankruptcy Attorneys . Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping , a cram down, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist in all of these important areas. Please complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted by Scott Sagaria | | Email This Post | Comments (0)

Posted In: Bankruptcy Exit

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October 26, 2010

Who Can Exit Bankruptcy?

A San Francisco bankruptcy attorney addresses common questions from clients.

When a debtor enters bankruptcy, his most immediate though may not be how to get out of it. He initially wants to stop harassing calls from bill collectors and find some relief from his financial burdens. Chapter 7 and Chapter 13 do not provide complete protection from all of a person’s debt, but they do give a person a chance to make a payment plan and have some debts written off.

What Does Exiting Bankruptcy Mean?
If a debtor pays off his debts or can reasonably expect to pay off the amount of money he owes in a reasonable amount of time, he can apply to exit bankruptcy. The request must be approved by a judge before it can proceed.

What Do I Need to Exit Bankruptcy?
The process of getting out of bankruptcy and ultimately out of debt requires a person to prove financial solvency. The debtor must bring the copies of his bills, canceled debts and other items proving that he is no longer insolvent before a judge. The judge and an accountant hired by the court review the case and make the final determination. If a judge okays the request, he is no longer considered to be bankrupt.

We can answer all your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment,asset protection, discharging a debt, etc. If you need help regarding a bankruptcy in San Francisco, call us at (415) 946-8882 or (1800) 941-6730 and we will be more than happy to offer you a free consultation over the phone. You can also fill out a free online evaluation at our website, www.sagarialaw.com, or request a free face to face appointment at a Sagaria Law office location close to you. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution needs.

Posted by Scott Sagaria | | Email This Post | Comments (0)

Posted In: Bankruptcy Exit

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October 22, 2010

Who Do I Need to Pay in a Reorganization Plan?

A San Francisco bankruptcy attorney answers a submitted question on reorganization plans.

There are two main types of bankruptcy that can be declared by individuals. The more common of the two is one where the individual declaring bankruptcy is actually doing so in order to create a reorganization plan. They need a plan to be able to get themselves out of the debt that they have incurred and to help finally pay off their creditors.

When you go into bankruptcy in this way you are basically getting a chance to take a breather from the constant pressure that is exerted on you by your creditors most of the time. You are getting a chance to get your affairs in order and start to make some money to pay them off without having them breathing down your neck.

When you are creating your reorganization plan you have to do so through your lawyer. You will hire a lawyer to declare bankruptcy in the first place, and this lawyer will be able to help you to create a real plan to get you out of bankruptcy. This must be done through very specific legal means and processes. Creating your reorganization plan is not something that you can just do by yourself, make sure that you seek legal aid.

If you have a question regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 or (1800) 941-6730 for a free consultation or visit 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 ankruptcy 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!

Posted by Scott Sagaria | | Email This Post | Comments (0)

Posted In: Bankruptcy Exit

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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.

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