San Francisco Attorney For Bankruptcy
Law Offices of Keith F. Carr
30 Years Experience
San Francisco Attorney for Bankruptcy
San Francisco | Sunnyvale| San Jose
Chapter 7 | Chapter 11 | Chapter 13 Bankruptcy Attorney
Keith F. Carr is an experienced attorney for bankruptcy in San Francisco, Sunnyvale, and San Jose. For 30 years, Attorney Carr has helped individuals and small businesses file Chapter 7, 11, and 13. We offer affordable fees for bankruptcy.
It is important to seek competent legal advice from an attorney. Whether you should file Chapter 7, Chapter 11, or Chapter 13 will depend on the unique circumstances of your situation. We encourage you to read the bankruptcy information on this website. Schedule your telephone consultation for your confidential bankruptcy evaluation.
The Law Offices of Keith F. Carr, a San Francisco Bankruptcy Attorney, can file any type of bankruptcy on an emergency basis. This will avoid real estate foreclosures, car repossessions, wage garnishments, lawsuits, and other collection procedures.
There are primarily three types of bankruptcy for individuals and small businesses, Chapter 7, Chapter 13, and Chapter 11. In addition, a Chapter 9 bankruptcy is for a city seeking to restructure and consolidate debt. Chapter 12 is for farmers seeking debt relief. Learn more about the types of bankruptcy….
Do You Need An Attorney For Bankruptcy?
An individual, non-business debtor such as yourself can proceed without a San Francisco attorney for bankruptcy. But should you? You should consult an attorney first about filing for bankruptcy and then consider hiring an attorney to represent you in that bankruptcy case. A bankruptcy attorney can determine your eligibility and qualifications for Chapter 7, Chapter 11, or Chapter 13 bankruptcy. An attorney for bankruptcy can provide emergency bankruptcy services and will reduce delays in your case. Having no knowledge of the bankruptcy paperwork or process, you may make mistakes on your own when completing the required bankruptcy petition or Chapter 13 or Chapter 11 Plans. Learn More…
Should You File Bankruptcy Now?
Here are the signs that you should file for bankruptcy right now. The answer will depend on if you have been sued for the debt. Or it may depend on if your home is about to be foreclosed.
If foreclosure has been initiated against your home, or if you are substantially delinquent on your mortgage payments, it is time to consider and file bankruptcy. You should file bankruptcy even if you have started or completed an application for a mortgage modification. Bankruptcy will stop foreclosure of your home and allow you a plan to repay your mortgage delinquency. Consult an attorney for bankruptcy about your rights in this situation.
If your accounts have been transferred to collection agencies or you have been sued, this is a good time to file bankruptcy. By filing bankruptcy, you may prevent a creditor from obtaining a judgment lien on your home, from garnishing your wages or seizing your bank accounts in order to get paid. Therefore, bankruptcy stops all collection activity. A San Francisco attorney for bankruptcy can expedite the filing of your bankruptcy in an emergency. Learn more...
In Chapter 7, a business or individual debtor obtains a discharge of all debts. In other words, all debts are wiped out including payday loans,credit cards, and medical bills.
In Chapter 13, make a payment plan to repay your mortgage delinquency and car loan over three to five years. The plan provides opportunities to pay off mortgage delinquency and car loans over 3 to 5 years. You can prevent foreclosure of your home and repossession of your car.
Chapter 11 allows a business to propose a plan of repayment for part or all debts owed to its creditors over an extended period of time.
Under the new bankruptcy law, individuals must obtain a briefing from an “approved” nonprofit credit counseling agency within 180 days of their bankruptcy filing. The debtor is required to file a certificate from the credit counseling agency, among other newly-required documents. An approved agency is one that has been approved by the US Trustee’s office in a particular federal district where the agency operates.
The new bankruptcy law imposes several new requirements on people who file for Chapter 7. One new requirement is that you must receive credit counseling from an approved credit counselor prior to filing for Chapter 7. In addition, there are income and expense limitations which may prevent you from filing for Chapter 7.
In general, your personal property and car will not be taken so long as they are exempt under California law. Therefore, you will have what is called a “no asset” case. If you are still making payments on the car, you will have to maintain your payments with your finance company. If you own the car outright, the value of your vehicle cannot exceed your applicable exemption amount, which is determined by California law.
A creditor may not proceed with its lawsuit or take a judgment once you have filed for bankruptcy. Once your bankruptcy is filed, the Law Offices of Keith F. Carr will notify your creditor for you to make sure that the lawsuit does not proceed or that the creditor does not take a judgment.
After we have filed your bankruptcy, the Law Offices of Keith F. Carr will notify the sheriff’s office to stop the garnishment due to bankruptcy and will take necessary steps to protect your paycheck.
Under bankruptcy law, debt collectors may not call or write to you, call your place of employment, or contact your friends once you have filed for bankruptcy, Chapter 7, 11, and 13.
Yes. Medical bills are general debt and may be discharged in bankruptcy.
The federal Fair Credit Report Act provides that a Chapter 7 Bankruptcy may be reported by a credit reporting agency for a period of 10 years. However, look at your credit now. Judgments against you continue to be reported for a period of seven years.
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