San Francisco Bankruptcy Attorney: Services

I represent debtors in chapter 7 and chapter 13 bankruptcy cases, and I charge a reasonable flat fee. Here is a very general description of each chapter, followed by a brief description of the filing for bankruptcy process:

Chapter 7 debtors discharge nearly all of their debts. Debts not discharged include those secured by collateral such as a mortgage (which is secured by the home) or a car loan (which is secured by the car), certain tax debts, and student loans. The debtor may keep all non-exempt assets and property. In order to determine whether a debtor qualifies for chapter 7, the debtor's income, debts, and monthly expenses are taken into account. In general, it takes 3 months from the time that the chapter 7 petition is filed until the date that the bankruptcy court enters the discharge order.

Debtors often choose to file a chapter 13 case either because they do not qualify for chapter 7, or because they are trying to save their home or car from being foreclosed upon or repossessed. A debtor may not have unsecured debts exceeding $336,900 or secured debts exceeding $1,010,650 in order to qualify. In chapter 13, the debtor must propose a plan to pay their creditors over the course of 3 to 5 years. Although the chapter 13 debtor must stay current on their monthly mortgage and car payments, any arrears owed to the lender may be made over the course of the plan.

After meeting with me for your initial free bankruptcy consultation, I will provide you with worksheets along with a list of documents and information that I will need to prepare your bankruptcy schedules and statement of financial affairs. I will also provide you with information about taking the required credit counseling course. Once I have all of the necessary documents and information, I will prepare your bankruptcy documents. After those are completed, I will meet with you to review and sign the final petition and schedules before filing your case. Four to six weeks later, you must attend the creditors' meeting, which is an informal meeting with your chapter 7 or 13 trustee, who will review your case. The creditors' meeting is not in a court, and there is no judge present. Creditors have 60 days from the creditors' meeting date to object to your discharge. If none of the creditors object to your discharge within those 60 days, then the bankruptcy court clerk enters the order discharging your debts. Before the clerk can enter the discharge order, however, you must also complete the financial management course.