At The Fuller Law Firm, PC, our San Jose bankruptcy attorney has helped many clients become debt-free. If you are considering Chapter 7 bankruptcy in pursuit of financial freedom, you can benefit from the legal guidance we offer.
Contact us online or call (408) 465-4472 for a free initial consultation with our San
Jose Chapter 7 attorneys.
We speak Spanish, Chinese, and Persian! We also have convenient locations in Salinas and Oakland!
Chapter 7 is the "complete" version of bankruptcy that liquidates certain assets of the debtor to pay debts. For individuals who are filing for bankruptcy in the state of California, the court will appoint a trustee who has the responsibility to manage the liquidation process. Many assets, however, are exempt from liquidation, such as small assets.
Some examples of small assets are:
These assets have minimal to no liquidation value and can be kept. Larger assets, such as a vehicle or home, may be collateral for a loan and will, therefore, have no value to the trustee. Furthermore, the debtor is entitled to keep assets that are legally exempt.
Chapter 7 may be right for you if you mainly have consumer loans and assets that are minimal. However, chapter 7 relief may not be available to certain high-income individuals. Eligibility is determined by a rather complicated means test.
There are also limits on how frequently a debtor can file for Chapter 7. If you have received a discharge through Chapter 7 within the last eight years or through Chapter 13 within the last six years, you will not be entitled to a discharge in a new Chapter 7 petition.
If you are still not sure whether Chapter 7 is right for you or if you need legal guidance through your case, schedule a free case evaluation with our firm. We are prepared to help San Jose residents handle their complex cases today!