If you are facing a pile of bills, hassle from debt collectors, pending small claims cases, or are simply unable to pay your bills because of excessive debt payments, then you need the best bankruptcy lawyer in San Jose. Contact us today for a free consultation and how to get back to debt-free life.
At Law Offices of Trang Do, we strive to make bankruptcy simple and manageable for every client. You are already facing enough stress – let us handle the legal legwork and remove that burden from your shoulders.
Our simple three-step process includes:
Sometimes called a “fresh start” bankruptcy, a “clean slate” bankruptcy or a “liquidation,” Chapter 7 bankruptcy is the best way to take control of your financial situation and start over by eliminating your debts.
In Chapter 7 you will wipe out your credit card debts, medical bills, pay day loans, lawsuits, judgments, unpaid balances on repossessions or foreclosures, personal loans, guarantees and more. Your Chapter 7 case will be finished in just 3 to 4 months. A Bankruptcy Trustee reviews your paperwork at a “meeting of creditors” that you attend with your bankruptcy lawyer. Most people complete their cases quickly and the get to keep all of their property.
In order to begin the Chapter 7 bankruptcy process, you must complete a bankruptcy petition and several bankruptcy schedules that outline your financial situation. These schedules must disclose financial records that show all your current income, assets, debts, and other liabilities. Immediately upon filing your case with the court, the court will issue an automatic "stay" which stops all of your creditors or collection agencies from contacting you any further. The creditors are prohibited from even attempting to collect a debt once your case has been filed. Often times, this is a huge relief for debtors because they have been under intense pressure and harassment from their creditors.
Creditor harassment can come in many forms, and you may have creditors calling your phone at all hours of the day or visiting your workplace. We understand the intense pressure and constant stress that comes with falling behind on your bills, and we are here to help you today. Ending the collection calls and creditor harassment is just the first of many reliefs that Chapter 7 bankruptcy protection will bring you.
Chapter 13 is ideal for people who want to save their home from foreclosure, lower a car payment, consolidate debts or save other valuable assets when Chapter 7 won’t allow them to accomplish their financial goals.
You may not be sure whether you need a Chapter 13 bankruptcy attorney or a lawyer that will handle your Chapter 7 case. That’s okay because at the Law Offices of Trang Do, we are experts at handling both types of cases for people that need debt relief. While a Chapter 7 case is usually resolved and completed within a few months, Chapter 13 is designed for people that need to propose a longer term “Plan” to save their property or pay back debts over time—usually 3 to 5 years.
Often referred to as a “reorganization” or a “wage earner plan”, a Chapter 13 case allows a debtor to resolve many types of financial problems. For example, Chapter 13 is ideal for people who want to save their home from foreclosure, lower a car payment, consolidate debts or save other valuable assets when Chapter 7 won’t allow them to accomplish their financial goals. Chapter 13 is also used by people that don’t qualify for Chapter 7 because of the “Means Test” (their income is too high).
Sometimes Chapter 13 is used by people that have assets that are “non-exempt” (can’t be protected with available exemptions), so they propose a Plan that will pay their creditors the same as they would have received in a Chapter 7 case—and thus they get to keep their property. Chapter 13 also is useful to people that have unpaid tax debts, student loans, delinquent spousal support or equalization payments from a divorce when these types of debts cannot be discharged or eliminated in Chapter 7.
Most people who contact us at Law Offices of Trang Do for help in declaring bankruptcy want to pursue Chapter 7, for the simple reason that it is a much quicker way to get out of debt. When you meet with our lawyer from our team for a free consultation, we will take the time to fully review your situation and determine whether Chapter 7 is right for you or if your interests might be better served in the long run by filing under Chapter 13.
We can also look over your current financial situation to determine whether or not you are eligible for Chapter 7. Whichever course of action you choose, we are ready to assist you with every aspect of the case and work to help you enjoy the greatest possible benefit from this opportunity to put an end to your problems with debt!
Please reach us at trang@trangdolaw.com if you cannot find an answer to your question.
Yes, yes, yes, and yes. Bankruptcy can stop wage garnishment, evictions, foreclosures, bank levies, and debt collection lawsuits.
The term “bankruptcy” carries a stigma. Oftentimes, filing for bankruptcy suggests failure. However, bankruptcy does not always mean that you failed. People have used bankruptcy to stay afloat and further their success. Bankruptcy is often used proactively to stop the bad stuff (i.e., collection calls, foreclosure, wage garnishment, eviction) from happening. So in essence, it can be used to PREVENT failure. Sometimes, bankruptcy is the only way a person can continue living a life of peace and stability.
Be mindful that bankruptcy can have negative repercussions. Filing bankruptcy can hurt a debtor’s credit score or cause him/her to lose property and be denied new credit opportunities.
We are proud to say that more than 99% of our bankruptcy clients filed Chapter 7 and did not lose any property. In the State of California, debtors are allowed to protect a lot of their assets, including cars and the house they call home. However, if you have assets that exceed a certain value, the bankruptcy trustee may wish to take this property and sell it for the benefit of your creditors.
If your bankruptcy attorney sees any risk of you losing your property, we will notify you before filing the bankruptcy petition. Therefore, you will have an opportunity to decide whether or not you wish to move forward with filing. This is why it is important that you are truthful and disclose ALL property that you own to us. We can’t protect you if you do not disclose all of your information to us.
Generally, people filing for Chapter 7 or Chapter 13 must attend the “Meeting of the Creditors” hearing. It more closely resembles an administrative hearing than a court proceeding. A bankruptcy trustee (not a judge) presides over these hearings. Though court hearings are sometimes required (i.e., for reaffirmation agreements), the majority of our clients have not been required to attend court hearings before a judge.
Note: Due to COVID-19, bankruptcy hearings are being conducted via telephone or video conferencing. So while social distancing is required, there has been no requirement for the debtors to physically attend hearings at the present time.
Filing for bankruptcy does affect your credit score. However, we notice that most of our bankruptcy clients already have poor credit scores prior to filing for bankruptcy. They usually begin rebuilding their credit score after filing bankruptcy by discharging their debt and not having any more missed/late payments.
Following a bankruptcy filing, debtors can also rebuild their credit score by using credit more responsibly. Since, they can’t file bankruptcy again for another 8 years, many debtors tend to get offered new credit cards and car loans immediately after filing their petitions.
Most of our clients file bankruptcy due to credit card debt, commercial loan debt, and medical debt. Those debts are dischargeable. However, certain other debts are not usually discharged, such as domestic support obligations (child support, alimony) and debts owed to the government. Additionally, taxes and student loans can only be discharged under special circumstances.
Our clients usually complete the entire Chapter 7 bankruptcy process in about three to four months. A Chapter 13 repayment plan can range from three to five years. How quickly we can file your petition largely depends upon how quickly our clients can provide us with the required documents and information.
There are a few ways you can resolve your debt problems and avoid filing for bankruptcy. Hundreds of our clients have avoid bankruptcy by debt negotiation and debt repayment plans. Our firm can negotiate your debts so that you pay less than what you owe. If you receive a summons or complaint, it is possible for us to work out a settlement or payment plan with your creditor so you don’t have to step foot in court.
Additionally, Law Offices of Trang Do has been successful via the process of debt validation. We may be able to improve your credit score by requiring your creditor to validate your debts before they continue collecting. If the creditor cannot validate your debts, they may not have legal grounds to collect from you. Successful debt validation can remove illegitimate debs from your credit report.
Our clients may consider debt settlement, debt validation, and others before filing for Chapter 7 or Chapter 13 bankruptcy.
1879 Lundy Avenue, Suite 212 San Jose, California 95131, United States
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.