Tag Archives: Lawyer

San Jose Bankruptcy Lawyer


If you are searching for a San Jose bankruptcy lawyer please give us a call toll free at 1-877-963-9543 to schedule a free consultation. All of our consultations are with experienced attorneys that have filed hundreds of Chapter 7 and Chapter 13 bankruptcy cases. Our San Jose office is conveniently located at 111 N. Market Street, Ste. 300 San Jose, California 95113. After we schedule the free consultation we will email you our Client Information Form to fill out prior to the consultation. For the consultation we ask that you provide a few recent payments or proof of income, the completed Client Information Form and any other documents you believe will be helpful.

Affordable Required Courses

One the many benefits to retaining us as your San Jose bankruptcy lawyer is the low cost of the required courses. We have negotiated the lowest prices we know of for both courses. The first course, credit counseling, is $5.00 (each, and the second course, financial management, is $7.95 (for a single person or couple). We have heard of some San Jose bankruptcy lawyer charging their clients as much as $100 or more of these courses.

Personal Service

There are many reasons why you should choose us as your San Jose bankruptcy lawyer, but the most important is that we provide you with superior service. We return all phones calls within 24 hours and respond to emails each day. The number one complaint about attorneys is the lack of communication or timely returning of calls. The opposite is true of us. We are constantly following up with our clients to obtain information and remind them of deadlines to ensure the process is smooth and everything is completed in a timely manner.

Retain our San Jose bankruptcy lawyer today.

Retain our San Jose bankruptcy lawyer today.

We Put Your Interests First

A concern you should have is whether your San Jose bankruptcy lawyer will put your interests first or their own pocket book. Whether you qualify for a Chapter 7 bankruptcy and if so possibly why filing a Chapter 13 case is in your best interest is a big deal. If the San Jose bankruptcy lawyer you speak with does not regularly file Chapter 7 cases they may not be too familiar with the intricacies of the means test. At the same time, even if you qualify to file a Chapter 7 and discharge of your debts filing a Chapter 13 still might be in your best interest. If you are self-employed or own property that has equity even though you qualify to file a Chapter 7 your might not want to deal with the possible results. Most Chapter 7 trustee’s will make your shut down your business while the case is pending and a Chapter 7 trustee may allege your house is worth more than you think it is. In either situation if you had filed Chapter 13 you would not be dealing with the headaches to resolve these issues. Choosing the right San Jose bankruptcy lawyer is essential to obtaining relief from your debts and moving on with life.

If you are struggling with your house payment, taxes, car payment or credit card debts please give us a call at 1-877-963-9543 to schedule a free consultation. You will find our open and honest approach to filing bankruptcy stress free and refreshing. We also recommend that you speak with another San Jose bankruptcy lawyer.

Involuntary Bankruptcy


Yes, your creditors can file bankruptcy for you without your permission. Section 303 of the Bankruptcy Code governs involuntary bankruptcy. These cases are very rare and even rarer if filed against an individual. If may be difficult to find a bankruptcy lawyer that has experience filing one of these cases. Mostly businesses are forced into bankruptcy by their creditors. In involuntary case may only be filed under Chapter 7 or Chapter 11 of the Bankruptcy Code.

One unsecured creditor can file the petition for bankruptcy against the company or individual and then at least two more unsecured creditors must join the petition for a total of $14,425 in unsecured non-contingent claims and not subject to a bona fide dispute as to liability or amount.

After the initial petition is filed and the required creditors joins the petition the next issue is whether the case will be allowed to continue or be dismissed. If the debtor does not respond to the petition being filed then the bankruptcy case will continue and the debtor will have no choice but to participate. If the debtor does oppose the filing then a hearing will be held to determine if the bankruptcy case should continue.

If you are considering filing an involuntary case against a nonpaying company or individual be careful. You may have to file a bond to indemnify the debtor for attorney fees and costs or more that the court could allow. If the petition is dismissed for reasons other than on consent of all petitioners and the debtor, the court may grant a judgment against the filing creditors for reasonable attorney’s fees, costs, any damages proximately caused by the petition filing and even punitive damages.

If you are owed money and the individual or company that owes the money is not paying its debts regularly you may consider filing an involuntary bankruptcy case. You will need to know that there are also other creditors in the same position as you to join the petition though. Choose wisely the bankruptcy attorney you retain to lead you down this path. It is a difficult and rare area of practice for bankruptcy filers. Please note that you may not force an individual into a Chapter 13 bankruptcy case. Before filing a petition for bankruptcy against an individual you should research the assets of the individual. If they have few assets you may have put yourself in a worse position to be paid on your claim. At the same time there are some advantages. Think about the 90-day preference period. This is the 90-days prior to the bankruptcy petition being filed. If the alleged debtor made a large payment to some other creditor during the 90-days prior, then the payment could be avoided for the benefit of all creditors. Of course everything depends upon the circumstances and this article only addresses some general issues to consider.