Best Bankruptcy Lawyers Hayward, CA

Hayward, CA Bankruptcy FAQs

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

  For filing bankruptcy in Hayward, you must submit the accomplished bankruptcy forms at the United States Bankruptcy Court, Northern District of California located at 1300 Clay Street, Suite 300 Oakland, CA 94612.

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

  The local bankruptcy forms used in Hayward, California can be found at https://www.canb.uscourts.gov/forms/oakland. As for the national forms, you may download a copy at https://www.uscourts.gov/forms/bankruptcy-forms#official.

• Will a Hayward debtor's family, friends, or employer be informed of the bankruptcy filing?

  Although bankruptcy records are public information, news organizations are not compelled to publish them unless you're famous. The only people who will be aware of it are the court officials, your lawyer, the creditors, and other parties involved unless your friends and family in Hayward have a habit of reading local bankruptcy filings.

• Is your second mortgage in Hayward dischargeable under Chapter 13 bankruptcy?

  Given that there is no equity in the second mortgage and that the value of your home in Hayward is less than or equal to the loan balance of the first mortgage, you can remove the second mortgage. In most cases, banks only offer temporary interest rate reductions if you meet the conditions set forth. As a result, more people are using bankruptcy law to get banks to lower their principal.

• Should a married couple in Hayward file for bankruptcy together?

  A married couple is not required by the law in Hayward to file bankruptcy jointly. However, it might make sense for partners to file together if they have signed and are responsible for unmanageable debts. Otherwise, co-signed loans will continue to impact the person who chooses not to file for bankruptcy. An advantage of filing together is that it can save money on legal and court costs.

• If you declare bankruptcy in Hayward, can you keep your credit cards?

  No, you cannot. It will be difficult for you to incur new debt while your bankruptcy case in Hayward is open. When you file for bankruptcy, most credit card companies will close your current accounts, even if they have no outstanding debt. However, you might be permitted to use a credit or gas card for business expenses if applying for Chapter 13 bankruptcy relief.

• In Hayward, are student loans dischargeable when you declare bankruptcy?

  Hayward bankruptcy petitions currently do not allow for the discharge of student loan debt. However, there have been recent proposals for new regulations that would permit the discharge of educational debts in bankruptcy. This move came from some well-known politicians but has not yet been included in the current bankruptcy laws.