Santa Clara County Bankruptcy Attorney - Expert Personal and Corporate Bankruptcy Lawyers serving Santa Clara County, California.

If you are struggling financially and looking to speak with a Santa Clara County bankruptcy attorney, you've come to the right place. The Attorney Group can help you eliminate your credit card debt, pay day loans, personal loans, medical bills and other bills and debt. We will stop lawsuits, stop garnishments, stop, bank account levies, stop judgments and stop foreclosures. We have 36 locations to meet you in California.

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A bankruptcy is an opportunity for many debtors to be relieved of constant harassing phone calls from creditors and collection agencies, the threat of lawsuits, levies, seizures and impending foreclosure. Though you should definitely explore other options to getting your debt under control, consulting with a bankruptcy attorney to see if a bankruptcy might be your best option, to determine if you qualify for relief and which chapter is appropriate based on your particular circumstances is essential.

There are many misconceptions regarding bankruptcy. As a consumer or small business owner, you have the option of a Chapter 7 liquidation or a Chapter 13 reorganization.


Chapter 7 Liquidation

Chapter 7 can be utilized by individuals, married couples, businesses and corporations. It is a liquidation of your debts and possible relinquishment of certain assets if found to be nonexempt. In most consumer and small business cases, however, you are able to retain most if not all of your personal assets. Also, filing automatically stays or stops all collection activities.

You do have to qualify for a Chapter 7 proceeding if your debts are primarily consumer and not business by proving that your income is low enough so that you cannot pay your debts. Your monthly income must be lower than the median income for your state. In California, the median income for a single individual is $47,798 and for two, $62,009. Otherwise, your disposable income must be low enough to qualify. This is determined by deducting your monthly expenses from your average monthly income over the past 6 months. If it is too high, you may still consider a Chapter 13 petition.

In any bankruptcy, you must list all of your debts, regardless if you plan on repaying a certain debt or not. You must also have not transferred any substantial property within 90 days of filing or within one year if such transfer was made to a relative or business partner or the court can void it. A list of your monthly expenses and assets is also required.

You are entitled to certain exemptions regarding your personal assets so that the trustee will not seize them for the benefit of your creditors. For example, you can exempt a motor vehicle, much if not all of your home equity, retirement accounts, bank accounts, furniture, tools of your trade and other items. Consult with our expert bankruptcy lawyer about what exemptions are available to you.

You must also take an approved credit counseling class before filing and a personal financial management class before your discharge. Most discharges occur about 4 months after you file. Your unsecured debts, such as credit cards and medical expenses, are dischargeable.

Chapter 13 Reorganization

If your disposable income is too high, or if you wish to continue operating your small business, or you face foreclosure of your home, then a Chapter 13 is an option. You must have a steady income, though, so that your debts, to some degree, are paid within either a 3 or 5 year plan. There are limits to the amount of secured and unsecured debt you have. Consult with your attorney if your debt is unusually high. The length of your repayment plan depends on your income. If it exceeds the state’s median, your plan will likely be 5 years.

A chapter 13 can save your home from foreclosure provided you can make your regular monthly mortgage payments while repaying your arrearages over the life of the plan. Any second mortgage would be discharged at the termination of the plan if all is otherwise successful. Further, you can have past due taxes, student loans and child support payments paid off within the plan as well.

Bankruptcy protection might be the relief you are seeking. Consult with an experienced bankruptcy attorney about your particular circumstances and to see if filing for bankruptcy is the right decision for you.


About Santa Clara County

Santa Clara County, officially the County of Santa Clara, is a county located at the southern end of the San Francisco Bay Area in the U.S. state of California. As of 2010 it had a population of 1,781,642. The county seat is San Jose. The highly urbanized Santa Clara Valley within Santa Clara County is also known as Silicon Valley. Santa Clara is the most populous county in the Bay Area region, and one of the most affluent counties in the United States.

Santa Clara County is named after Mission Santa Clara, which was established in 1777, and is also named for Saint Clare of Assisi.

Santa Clara County was one of the original counties of California, formed in 1850 at the time of statehood. The original inhabitants included the Ohlone, residing on Coyote Creek and Calaveras Creek. Part of the county's territory was given to Alameda County in 1853.

Once promoted as the "Valley of the Heart's Delight", after two centuries of an agricultural economy started by the Spanish missionaries, the focus has shifted to technology. This trend is not new. Hewlett Packard was founded in 1939, and IBM selected San Jose as its West Coast headquarters in 1943. Varian Associates, Fairchild Semiconductor, and other early innovators, were located in the county by the late 1940s and 1950s. The U.S. Navy had a large presence in the area and began giving large contracts to Silicon Valley electronics companies. The term "Silicon Valley" was coined in 1971. The trend accelerated in the 1980s and 1990s, as agriculture has been nearly eliminated from the northern part of the county. Today, Santa Clara County is the headquarters for such companies as AMD, Apple, Cisco Systems, eBay, Facebook, Google, Hewlett Packard, Intel, Sun Microsystems, Yahoo, and many others. The valley is currently home to approximately 6500 high technology companies. Most of Silicon Valley's (Santa Clara Valley) high tech companies are located within the county, with some adjoining tech regions in San Mateo, Alameda, and Santa Cruz counties also being considered Silicon Valley.

Santa Clara currently has the highest amount of Superfund Sites of any other county in the United States, accounting for 25 polluted locations requiring a long-term response to clean up hazardous material contaminations. The vast majority of these Superfund sites were caused by firms associated with the high tech sector located in Silicon Valley.

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LOCATION DISCLAIMER: The Attorney Group has a main office in Anaheim Hills, California. All other addresses are local offices available on an advanced appointment basis for meetings and depositions.