Bankruptcy Attorney

Chapter 7 Bankruptcy

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Discharge of Debts

Chapter 7 bankruptcy is the fastest and least expensive way to obtain a fresh start and stop harassing creditors and debt collectors. See Chapter 7 Bankruptcy Timeline below. As soon as your bankruptcy petition is filed, the Automatic Stay takes effect stopping all collection actions against you including lawsuits, foreclosures, garnishments, bank levies and repossessions.

Chapter 7 bankruptcy will Discharge your eligible Unsecured Debts like credit cards, cash advances or medical debts. If you are current on your Secured Debts, such as home mortgage or vehicle loan, Chapter 7 bankruptcy will allow you to keep your home and vehicle and these secured debts are not discharged unless you choose to surrender the home or car.

Chapter 7 is commonly referred to as the Liquidation chapter because when you file Chapter 7 bankruptcy all of your assets that cannot be protected by Bankruptcy Exemptions become property of the Bankruptcy Estate. The good news is that in almost all Chapter 7 bankruptcy filings all of your assets can be protected, or "exempted", so there are no assets for the Bankruptcy Court or Trustee assigned to your case to take to pay your debts.

The Law Offices of Lin & Wood will explain whether you qualify to file a Chapter 7 bankruptcy or explain why a Chapter 13 bankruptcy may be the best option to obtain a fresh start and get rid of your unmanageable debt. The experienced San Jose bankruptcy lawyers of West Coast Bankruptcy Attorneys will help put you in the best financial position after your bankruptcy case is complete.

Discharge of Debts

1. Attend free consultation with bankruptcy attorney to determine if bankruptcy is the best course of action to stop the stress and burden of unmanageable debt, retain bankruptcy attorney to represent you in your bankruptcy filing and pay initial retainer.

2. Begin to pay remainder of bankruptcy attorney fees, stop using credit cards, stop making payments on debts that are dischargeable and refer creditors to your bankruptcy attorney.

3. Once bankruptcy attorney fees are paid in full, you will now provide the documents necessary to draft a complete and accurate petition for bankruptcy protection and you will complete the required Credit Counseling course (On-line with follow up phone call) with an approved provider.

4. Bankruptcy attorney prepares the bankruptcy petition in five to seven days to be filed with the bankruptcy court.

5. A signing appointment is scheduled for you and your bankruptcy attorney to review the bankruptcy petition and sign the bankruptcy petition before filing the petition for bankruptcy protection with the bankruptcy court.

6. The bankruptcy petition is filed with the bankruptcy court and the Automatic Stay takes effect stopping any and all efforts to collect your debts including foreclosures, repossessions, wage garnishments, lawsuits or bank levies.

7. Approximately 30-45 days after the petition for bankruptcy protection is filed with the bankruptcy court, you and your bankruptcy attorney will attend the 341 meeting of the creditors where the trustee assigned to your case will ask you a series of questions under penalty of perjury; you will receive notice of the 341 hearing in the mail directly from the bankruptcy court.

8. Section 341 meeting is attended and concluded.

9. You now must complete the second course, Financial Management (On-line with follow phone call) from an approved provider.

10. YOU HAVE NOW SUCCESSFULLY completed all the steps necessary to discharge your unmanageable debt and receive a fresh start. The bankruptcy court will enter the order discharging your debt in approximately 40 – 90 days after the conclusion of the Section 341 meeting of the creditors.

With offices in Redwood City, San Francisco, San Jose, Fremont Bankruptcy Attorneys, Oakland and we represent clients throughout the Bay Area including San Mateo County Bankruptcy Lawyers, Santa Clara County, Alameda County, Contra Costa County, Burlingame, Daly City, Foster City, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Mateo, South San Francisco, Cupertino, Gilroy, Los Gatos, Milpitas, Mountain View, Palo Alto, Santa Clara, Sunnyvale, Concord, Danville, Martinez, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Berkeley, Dublin, Hayward, Livermore, Pleasanton, San Leandro and Union City.