A San Jose bankruptcy lawyer addresses: Do I need a Chapter 11 attorney?

What is Chapter 11 bankruptcy?
Chapter 11 of the bankruptcy code provides for a business or individual with very high debts to reorganize their finances and develop a repayment plan to all creditors. While chapter 11 is generally associated with business’, given the high cost of homes in California, many individuals may turn to chapter 11 as their only option to save their home or reorganize rental properties.

Is chapter 11 complicated?
Yes. Unlike chapter 7 or chapter 13, chapter 11 bankruptcies require extensive court involvement in looking into the financial affairs of the individual or business. Monthly financial reports must be submitted to the court and often employment of professionals such as accountants and real estate brokers are required in order to assist the individual or business in its reorganization.

Can I file chapter 11 without an attorney?
There is no requirement that an individual file chapter 11 with an attorney, however, given the complexities of chapter 11 it is advisable that legal counsel be sought. A chapter 11 attorney can work with the individual or business and make determinations on how best to proceed with the bankruptcy.

How can a chapter 11 attorney help me?
A chapter 11 attorney will know what is required of a business or individual when the chapter 11 petition is filed. Beyond preparing the petition, there are usually motions and other procedural aspects involved with the proceeding. In addition, a chapter 11 reorganization plan needs to be developed outlining how the business or individual plans to exit bankruptcy. A chapter 11 attorney will know how to prepare those documents and deal with any possible objections from creditors.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Second District, Division One Holds that a Tameny Claim Exists When Subsequent Employer Honors Putatively Invalid Restraint on Competition Entered Into Between Employee and Previous Employer – and Reversal of Attorney’s Fee Award Follows. A Tameny claim is a claim...

The United States House of Representatives passed H.R. 5827 which allows gunowners to exempt up to $3,000.00 in value in firearms.  A comparable version is pending in the Senate now.  This is big news right?  Not really. First, putting aside the fact that the Senate must pass this legislation and the president must sign it, so [...]

A San Jose bankruptcy lawyer defines False Bankruptcy...

False bankruptcy is when one individual files for bankruptcy using another person’s social security number and identity. This is an illegal tactic used to attempt to discharge your debts while not having the bankruptcy appear on your credit report. A false bankruptcy is highly common with people who have been victims of identity/credit theft. An individual will use someone’s social security number to take out a bunch of credit cards and then file for bankruptcy when the creditors come knocking.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Fifth District agrees the Case is “screwed up.” The story arc of this opinion begins at a low point, and plummets. “What the heck?I?,” begins the Court of Appeal opinion. “At one point, the trial court commented, ‘This is one...

You are thinking that you may need to file bankruptcy but you are concerned that you do not have the money for a bankruptcy lawyer.  You are wondering whether you can afford to pay a qualified attorney to handle your case for you.  Perhaps the better question is–can you afford not to! Just recently, I learned [...]

A San Jose bankruptcy attorney offers 3 tips with regard to preparing for bankruptcy...

What Else Should I Know About Bankruptcy?

Public utilities, services like the electric company for example, is not allowed to refuseservice to you nor cut off service due to the fact that you have filed for bankruptcy. It should be noted, however, that they may (and are allowed to) require a deposit for future service and you will be obligated to pay utilitiy bills that are incurred after bankruptcy is filed.

Driver’s license--If you lost your license specifically due to not being able to pay court-ordered damages caused by a car accident, bankruptcy will allow you to get your license back.

Discrimination--A government agency or employer cannot discriminate against you because you have filed for bankruptcy. Additionally, private entities and government agencies involved in student loan programs also cannot discriminate against you based on a bankruptcy filing.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Filing a Chapter 13 bankruptcy lets you do things you couldn’t otherwise do in a Chapter 7 bankruptcy.  One of the things you can do is “cram down” a vehicle.  It sounds a little violent, and I’m sure it feels that way to an auto lender. Here’s how it works.  Let’s say you owe $20,000 on [...]

You live in one county, you are considering an attorney in a different county — does it matter? Do you have to see an attorney in the same county you live? (This is part of what you might be considering when you consider who to hire… for other considerations, see these posts: Wendell Sherk’s Shopping [...]