Best Bankruptcy Lawyers in Burlingame
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List of the best lawyers in Burlingame, United States
About Bankruptcy Law in Burlingame, United States
Bankruptcy law in Burlingame, United States, is designed to help individuals and businesses who are unable to repay their outstanding debts. The city of Burlingame follows federal bankruptcy laws, as set forth in the United States Bankruptcy Code, and these matters are generally handled by the U.S. Bankruptcy Court for the Northern District of California. Filing for bankruptcy can provide a fresh financial start by eliminating or reorganizing debt under court supervision. The two most common types of bankruptcy for individuals are Chapter 7 (liquidation) and Chapter 13 (reorganization), each with distinct eligibility requirements and outcomes.
Why You May Need a Lawyer
Bankruptcy can be a complex and emotionally challenging process with significant legal implications. Many people benefit from hiring a qualified bankruptcy attorney for the following reasons:
- You are facing foreclosure, wage garnishment, or debt collection lawsuits.
- Your debts seem overwhelming, and you are unsure which bankruptcy chapter to file under.
- You want to ensure accurate completion of legal paperwork and avoid costly mistakes.
- You need guidance on which assets you may be able to keep under California exemptions.
- You are a small business owner deciding between personal and business bankruptcy filings.
- You want representation in bankruptcy court or in negotiations with creditors.
- You have concerns about the impact of bankruptcy on your credit and future financial options.
Local Laws Overview
Although bankruptcy law is federal, there are local laws and rules that apply in Burlingame, California. California state law determines what property exemptions you can use to protect your assets during bankruptcy. For instance, you must choose between two sets of California exemptions when you file. The local rules of the U.S. Bankruptcy Court for the Northern District of California outline specific forms, schedules, and procedures you must follow when filing in Burlingame. Local legal requirements also affect debtor education courses and the documentation you must provide. Working with a local attorney ensures you comply with both state and federal requirements.
Frequently Asked Questions
What types of bankruptcy are available to individuals in Burlingame?
Individuals in Burlingame can typically file for Chapter 7 or Chapter 13 bankruptcy. Chapter 7 involves liquidation of assets to discharge unsecured debts, while Chapter 13 allows for debt reorganization and repayment over three to five years.
How do I know if I qualify for Chapter 7 bankruptcy?
Eligibility for Chapter 7 is primarily determined by a means test, comparing your average monthly income with the median for California households of similar size. A lawyer can help assess if you qualify.
Will I lose my home or car if I file for bankruptcy?
Whether you keep your home or car depends on your individual circumstances, the type of bankruptcy you file, and whether your assets fall under California's exemption laws.
How does bankruptcy affect my credit score?
Bankruptcy will impact your credit score and can stay on your credit report for up to 10 years for Chapter 7 and up to 7 years for Chapter 13. However, it may help you start rebuilding your credit sooner by eliminating debt.
What debts can be eliminated through bankruptcy?
Most unsecured debts such as credit card balances, medical bills, and personal loans can be discharged. Certain debts, including student loans, recent taxes, and child support, typically cannot be eliminated.
Can creditors continue to contact me after I file for bankruptcy?
Once you file for bankruptcy, an automatic stay generally prevents creditors from contacting you or taking collection actions, including lawsuits, wage garnishments, or phone calls.
How long does the bankruptcy process take in Burlingame?
A Chapter 7 case usually takes about 3 to 6 months from filing to discharge. Chapter 13 cases last 3 to 5 years because of the repayment plan requirement.
Do I need to appear in court if I file for bankruptcy?
You are required to attend a meeting of creditors, also called a 341 meeting. Most cases do not require additional court appearances unless there are disputes or complex matters.
Can filing for bankruptcy stop foreclosure or repossession?
Filing for bankruptcy triggers an automatic stay that temporarily halts foreclosure or vehicle repossession. Depending on the bankruptcy type and your payment abilities, it may be possible to keep your property.
How much does it cost to file for bankruptcy in Burlingame?
The court filing fee for Chapter 7 is generally around 338 dollars and for Chapter 13 about 313 dollars. Attorney fees are separate and vary based on case complexity.
Additional Resources
If you need further information about bankruptcy in Burlingame, consider reaching out to the following organizations and agencies:
- United States Bankruptcy Court - Northern District of California
- California Department of Consumer Affairs - Financial Resources
- Legal Aid Society of San Mateo County
- Credit counseling agencies approved by the Department of Justice
- State Bar of California - Certified Lawyer Referral Service
- Public Law Center for free legal clinics
Next Steps
If you are considering bankruptcy in Burlingame, United States, here are some practical steps to take:
- Collect financial documents, including income statements, debt records, and recent tax returns.
- Contact a local bankruptcy attorney for a consultation to discuss your options and the best course of action for your situation.
- Explore free or low-cost legal aid services if you cannot afford an attorney.
- Complete any required credit counseling courses before filing.
- Prepare yourself for the process and consider how bankruptcy will affect your future finances.
Professional legal advice can help you avoid mistakes and ensure you understand all your options. Seeking help early can provide greater peace of mind and a path toward a stronger financial future.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.