Best Bankruptcy Attorneys in San Francisco

Frequently Asked Questions

• Where do I file for bankruptcy in San Francisco, California?

  In San Francisco, you can file for bankruptcy at the United States Bankruptcy Court for the Northern District of California. The court has several divisions, and San Francisco falls under the San Francisco Division at 450 Golden Gate Avenue.

• Where can I get bankruptcy forms in San Francisco, California?

  You can get bankruptcy forms in San Francisco from the United States Bankruptcy Court website or by visiting the Clerk's Office at the United States Bankruptcy Court in San Francisco to request physical copies.

• What is the difference between Chapter 7 and Chapter 13 in San Francisco?

  In San Francisco, Chapter 7 bankruptcy allows people to sell non-exempt property to pay off unsecured debts like credit card debt and medical bills. This procedure typically takes several months. In contrast, Chapter 13 bankruptcy involves reorganizing debt into a repayment plan, with the majority of remaining debt discharged at the end of the plan. This longer-term process aims to reduce debt.

• How do you qualify for a Chapter 7 bankruptcy in San Francisco?

  Congress has tightened eligibility requirements for Chapter 7 bankruptcy in San Francisco. The requirements include passing a means test in which their income is compared to similar households. While eligibility has become more difficult in recent years, those with significant unsecured debt and low income can still apply.

• What would be the effect on your spouse if you file for bankruptcy in San Francisco?

  When filing for bankruptcy in San Francisco, you will need your spouse's assistance to provide information for the bankruptcy petition and schedules. The bankruptcy estate includes all jointly owned property, also known as community property. While your spouse is not required to file for bankruptcy alongside you, their assistance is essential. In addition, your spouse may be able to have certain joint debts discharged while still having the option to file a separate bankruptcy case.

• How do you pay for your bankruptcy without enough funds in San Francisco?

  If you do not have enough money to file for bankruptcy in San Francisco, you have a few options. You can stop making payments on unsecured debts and save the money for bankruptcy expenses. Inquire about payment plans with bankruptcy attorneys, and look into pro bono or reduced-fee services from attorneys. It is best to consult with an expert to determine the best approach for your situation.

• What are the reasons for filing for bankruptcy in San Francisco?

  Individuals file for bankruptcy in San Francisco for a variety of reasons. These include overwhelming debt through regular payments, creditor harassment, preventing foreclosure or repossession of assets, unemployment or reduced income, and significant legal judgments or court-ordered settlements. Consulting with a bankruptcy attorney is critical for evaluating individual circumstances and determining whether bankruptcy is the best solution for their situation.