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FAQs About Bankruptcy

In order to schedule a consultation, contact us!  The Law Offices of Keith F. Carr has offices in San Francisco, Palo Alto, San Jose, and Sunnyvale California.

During your consultation, you will receive a quote as to attorneys fees and costs involved in your individual case. 

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.  Read more about the Chapter 7 process…

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. Read more about 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 usually the case and 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. Read more about bankruptcy and wage garnishment…

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.Read more about debt collection…

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.

You may discharge your attorney at any time. You may also contact the California State Bar and bring disciplinary charges against that attorney. For more information, access the California State Bar website.

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