Best Bankruptcy Attorneys in Santa Clara

Frequently Asked Questions

• Where do I file for bankruptcy in Santa Clara, California?

  To file for bankruptcy in Santa Clara, you can submit your documents to the San Jose Division of the United States Bankruptcy Court for the Northern District of California, which is located at the United States Courthouse, 280 South First Street, Room 3035, San Jose.

• Where can I get bankruptcy forms in Santa Clara, California?

  You can access bankruptcy forms by visiting the website of the United States Bankruptcy Court for the Northern District of California at https://www.canb.uscourts.gov/forms/district. There, you can download and print the necessary bankruptcy forms you require.

• Will bankruptcy affect your spouse’s credit if you file individually in Santa Clara?

  In Santa Clara, if only one spouse files for bankruptcy, it typically does not affect the other spouse's credit since they did not file. However, as California is a community property state, both spouses are held liable for the debts incurred during their marriage. As such, the non-filing spouse's credit may be affected if there are joint credit cards or accounts.

• Will you lose your job if you file for bankruptcy in Santa Clara?

  It is illegal for your employer to terminate your employment solely because you have filed for bankruptcy in Santa Clara. Federal law provides protection against discrimination based on bankruptcy filings. This means that your current employer cannot fire you or take any adverse employment actions against you such as reducing your salary or demoting you simply because you have filed for bankruptcy.

• Will bankruptcy stop creditors from harassing you in Santa Clara?

  Yes. Once you initiate the bankruptcy filing process in Santa Clara, federal law mandates that your creditors cease all communication and harassment toward you. This is known as an "automatic stay", which is activated immediately upon the submission of your bankruptcy petition, preventing creditors from engaging in any debt collection activities.

• Will bankruptcy affect your ability to rent an apartment in Santa Clara?

  Filing for bankruptcy can indeed have an impact on your ability to rent an apartment in Santa Clara, particularly in the two years following the case. Landlords may review your credit reports during the rental application process and typically consider the date of your bankruptcy filing. On the other hand, it is important to note that every landlord has their own criteria when evaluating rental applications.

• Does filing for bankruptcy discharge your medical debt in Santa Clara?

  Yes, filing for either chapter 7 or chapter 13 bankruptcy in Santa Ana can eliminate or discharge most medical debts. Chapter 7 is particularly effective in eliminating medical debt, including medical bills charged to credit cards. Alternatively, chapter 13 bankruptcy discharges some medical debt while offering a longer repayment period for the remaining balance, making it more suitable for individuals with higher incomes who may not qualify for chapter 7 bankruptcy.