If you are seeking the representation of a San Jose bankruptcy attorney, it may be in your best interest to contact The Fuller Law Firm, PC. The team has over 20 years of experience in assisting individuals facing bankruptcy-related matters, and is dedicated to assisting their clients in finding a course of action that can help them obtain debt relief. Contrary to the belief that bankruptcy is a process designated for people who are irresponsible with their finances, it actually can be the opportunity for a fresh financial start. Bankruptcy not only puts an end to creditor harassment, it also reverses bank levies and ceases wage garnishments. When an individual decides to work with the firm, the attorneys will assist them in determining the chapter that is most suitable for them to file under, and will guide them throughout the entire bankruptcy process. To find out more about the services offered by a bankruptcy lawyer from San Jose, contact The Fuller Law Firm, PC.
In Chapter 13, "disposable income" is income (other than child support payments received by the debtor) minus the reasonably necessary amounts for the maintenance or support of the debtor or dependents and minus charitable contributions up to 15% of the debtor's gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. (11 U.S. Code § 1325(b)(2)(A) and (B))
Spousal Support
A debtor may make plan payments through payroll deductions. This practice increases the likelihood that payments will be made on time and that the debtor will complete the plan. In any event, if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under Chapter 7 of the Bankruptcy Code. (11 U.S. Code § 1307(c)) The court may also dismiss or convert the debtor's case if the debtor fails to pay any post-filing domestic support obligations (i.e., child support, alimony) or fails to make required tax filings during the case. (11 U.S. Code §§ 1307(c) and (e), 1308, 521)
At The Fuller Law Firm, PC, over 90% of our practice emphasis is on bankruptcy. We know that bankruptcy is an extremely complex area of law. Attorneys who dabble in bankruptcy while also practicing other fields (such as divorce, car accidents, and criminal defense) may not have the in-depth knowledge of the law that is necessary to analyze your situation and give you the best possible advice.Â
If you are a real estate professional in the San Francisco Bay Area, knowledge of some bankruptcy basics is tremendously helpful in dealing with distressed home sellers, or homeowners who have negative equity. Because of the dramatic increase in foreclosure rates and decrease in home values in parts of California, such as San Jose, Campbell, Milpitas, Hayward, and other parts of the Bay Area, many homeowners may benefit from bankruptcy relief. Realtors who help them should be aware of how bankruptcy can help or hurt real estate transactions.
To the extent that they are not fully paid under the Chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared non-dischargeable. (11 U.S.C. §§ 1328, 523(c); Fed. R. Bankr. P. 4007(c))
At The Fuller Law Firm, PC, we are serious about offering our clients the best bankruptcy service possible. We believe in order to do this, our staff must have the best skills in the industry. We attract top-notch staff by offering competitive compensation, a friendly work environment, and constant mentoring. We also offer all employees, including our hourly staff, an opportunity to participate in our company 401(k) and company health plan. If you are a paralegal or legal secretary with experience in bankruptcy law, insolvency, or reorganization, and have reported directly to a bankruptcy attorney in Milpitas, or Hayward area, please feel free to email us your resume to careers@fullerlawfirm.net. Please contact us now to schedule a free consultation to determine the ideal solution for you.
Foreclosure
Homeowners facing foreclosure are sometimes advised to file a "skeleton" or "ghost" bankruptcy petition. If you are considering a skeleton bankruptcy petition, you should carefully read the information below.
Debt Collection
You are protected from creditor harassment by both state and federal law. Creditors have many restrictions about what they can and cannot do or say. The Fair Debt Collection Practices Act outlines the rules for creditors; if violated, the collection agency or other entity may be forced to pay damages to the consumer. California State also has a Fair Debt Collection Practices Act.