Best Bankruptcy Attorneys in Alameda

FAQs

• Where do I file for bankruptcy in Alameda, California?

  Alameda residents can file their bankruptcy petitions with the U.S. Bankruptcy Court for the Northern District of California - Oakland Division. The court is located at 1300 Clay St., Suite 300, Oakland, CA 94612.

• Where can I get bankruptcy forms in Alameda, California?

  You can download Alameda bankruptcy forms from: https://www.canb.uscourts.gov/forms/oakland.

• Will filing for bankruptcy help with tax debts in Alameda?

  Bankruptcy can stop the IRS’ collection efforts and eliminate tax debts over three years old. You will still have to pay for recent unpaid taxes. A benefit of filing for bankruptcy is that it can reduce or totally wipe out the penalties and interests incurred by your unpaid taxes. Consult your Alameda bankruptcy attorney for other tax debts that can be discharged.

• Which type of bankruptcy chapter should you file if you own a business in Alameda?

  If your business is an LLC or a corporation, you can file for Chapter 11 or 7. On the other hand, if your business is a sole proprietorship, meaning you are individually accountable for business debts, you can file for Chapter 13 or 7. Chapter 11 or 13 is advisable if you intend to continue business operations as these chapters do not require asset liquidation. Your Alameda bankruptcy attorney can help you decide on the best Chapter for your situation.

• Can filing for bankruptcy eliminate your past-due HOA assessments in Alameda?

  HOA assessments in Alameda are generally discharged if you file for bankruptcy. Under California’s Davis-Sterling Act, these are considered personal debts and not tied to collateral, hence, unsecured and can be discharged. However, once the HOA puts a lien on your property due to the unpaid assessments, the debt becomes tied to the house and is considered a secured debt. Secured debts may be difficult to discharge. It is vital that you file for bankruptcy before the lien is recorded.

• Will filing for bankruptcy still help if the creditor already filed a lawsuit against you in Alameda?

  Filing for bankruptcy can prevent a judgment on the lawsuit from being entered, essentially pausing the lawsuit. If the judgment has already been made, your bankruptcy filing can prevent it from being enforced. This can stop the creditor from foreclosing your house, garnishing your wages, or freezing your bank account. It is best if you proactively file for bankruptcy in Alameda before the creditor files a lawsuit.

• How long does it take to complete the bankruptcy process in Alameda?

  A Chapter 7 bankruptcy in Alameda can take two to four months to be completed. By completed, it means the court has issued the discharge of your debts. For a Chapter 13 bankruptcy, the discharge does not get issued until you fulfill the repayment plan, which can take three to five years, depending on the amount of debt you need to settle.

• What does a bankruptcy attorney do?

  Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

• What happens when you file bankruptcy?

  Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

  Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

• Can you file bankruptcy on student loans?

  Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

• What is bankruptcy fraud?

  Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

  • Hiding assets by transferring them to another person or entity
  • Intentionally omitting assets when reporting to the court
  • Destroying or withholding required documents
  • Knowingly making false statements to bankruptcy trustees or creditors

• How long is bankruptcy on public record?

  How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

• Does bankruptcy clear tax debt?

  Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

  • Federal income tax debt related to current properly filed tax returns
  • Honestly incurred with no fraud or evasion
  • At least three years old
  • Assessed at least 240 days before bankruptcy filings

  Existing liens are not eliminated with bankruptcy.

  
  

• Can they take my car in Chapter 7 bankruptcy?

  In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

• How bad is it to file bankruptcy twice?

  Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

  Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

• Can anyone file bankruptcy?

  Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

• How will bankruptcy affect my credit score?

  Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

• What are the benefits of filing for bankruptcy?

  Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

• What's the difference between debt settlement and bankruptcy?

  Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.