Bankruptcy
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 learn how to get back to a debt-free life.
Our Three-Step Bankruptcy Process
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.
Meet with an attorney at our firm.
Your initial consultation is completely free of charge. In many cases, even just five minutes is enough time for us to gather the information we need to determine if bankruptcy is right for you.
Let us prepare and file your case.
All you have to do is provide us with the documents and information we need to effectively file your case with the U.S. Bankruptcy Court.
Enjoy financial peace of mind.
Once your case has been filed, we'll do all the work to make sure it is successful. Once your bankruptcy has been approved and finalized, you can immediately start enjoying greater peace of mind.
Which Type of Bankruptcy Is Right for You?
What Is Chapter 7 Bankruptcy?
Sometimes called a "fresh start" bankruptcy, a "clean slate" bankruptcy or a "liquidation," Chapter 7 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 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 collection activity against you.
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.
What Is Chapter 13 Bankruptcy?
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.
In a Chapter 13 case, you propose a repayment plan to pay back your 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!
Frequently Asked Questions
Please reach us at [email protected] if you cannot find an answer to your question.
Yes. The moment you file for bankruptcy, an automatic stay goes into effect that immediately halts wage garnishments, evictions, foreclosures, bank levies, and debt collection lawsuits. This protection begins the day your case is filed and gives you immediate relief from creditor actions.
Many people fear bankruptcy due to stigma, concerns about credit, or worry about losing their assets. In reality, bankruptcy is a legal tool designed to give people a fresh start. Most clients keep their essential property, stop creditor harassment immediately, and begin rebuilding their financial lives much sooner than they expected.
In most cases, no. California's exemption laws protect significant equity in your home and your vehicle. In a Chapter 7 case, most people keep all of their property. In Chapter 13, you can catch up on missed mortgage payments and keep your home while repaying debts through a structured plan.
You will need to attend a "meeting of creditors" (also called a 341 meeting), which is a brief, informal proceeding — not a courtroom hearing. Your attorney will be with you throughout. In most straightforward cases, this is the only appearance required.
Bankruptcy will appear on your credit report, but many clients find their credit score actually improves after filing because their debt-to-income ratio drops significantly. With responsible financial habits, many people begin rebuilding strong credit within one to two years of their discharge.
Chapter 7 discharges most unsecured debts including credit cards, medical bills, personal loans, and payday loans. However, certain debts such as student loans, recent tax debts, child support, and alimony generally cannot be discharged. We will review your specific debts during your free consultation.
A Chapter 7 case typically takes 3 to 6 months from filing to discharge. A Chapter 13 case involves a repayment plan that lasts 3 to 5 years, after which remaining eligible debts are discharged. We will walk you through the timeline that applies to your specific situation.
These alternatives may work in limited situations, but they often come with risks — including tax consequences on forgiven debt, damage to your credit, and no legal protection from creditors. Bankruptcy provides a court-supervised, legally binding resolution. We can help you compare all options during your free consultation.
Take the First Step Toward Financial Freedom
Schedule a free, confidential consultation to explore your options.
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