Diemer, Whitman & Cardosi, LLP
Call Us Today
408-971-6270

Posts tagged "chapter 13"

Chapter 13 Bankruptcy Allows Debtors to Retain Property

chapter-13.jpgThe number 13 in Chapter 13 bankruptcy may seem like a bad harbinger, but don't be scared off; Chapter 13 bankruptcy is there to help you keep your property while paying off debts over time. Importantly, Chapter 13 is distinct from other types of bankruptcy (all organized into "chapters"). For individuals seeking to liquidate all but non-exempt property and use the proceeds to pay creditors, Chapter 7 is a sensible option. For a business seeking to reorganize and remain in business by crafting a new payment plan and timeline, Chapter 11 may be prudent. The purpose of this article is to explain the basics of Chapter 13 bankruptcy. In choosing the chapter that is right for you, whether as an individual or business, consult with an experienced San Jose bankruptcy law attorney.

Bankruptcy Offers Protection and the Opportunity to Restructure a Business

chapter-11.jpgThe term "bankruptcy" is loaded with meaning. When reading it, one might conjure images of a dream gone bust, a life gone wrong, and a hopeless future. Such a grim picture simply does not square with reality, however. The truth is that many individuals and businesses that choose to go through the bankruptcy process go on to experience great success in life and in business.

Bankruptcy is an Option for Businesses in California and Beyond

types-of-bankruptcy.jpgBankruptcy is one of those subjects that most people don't know much about because they don't want to know about and even tune out information or avoid the topic altogether. It is a shame because filing bankruptcy can help individuals to jettison debt or craft a viable plan to repay debts. In the Bay Area, a person can begin the process by working with an experienced San Jose bankruptcy attorney to file a petition with the bankruptcy court.

Court Rules that Debtors Infringed on Creditors' Rights in San Jose Bankruptcy Case

busness-creditor.jpgRecently, the Northern California Record reported that five different debtors made unlawful modifications to their Chapter 13 bankruptcy debt restructuring plans. More specifically, the debtors failed to give proper notice to the bankruptcy trustee and creditors. Due to this, the creditors lost out on their right to object to the plan. The right to object is a valuable tool for creditors and it must be protected. If you are a California creditor and you have questions about your right to object, please contact an experienced San Jose creditors rights attorney today to discuss your legal options.

Is Bankruptcy the Right Choice?

personal bankruptcy.jpgLife happens. Sometimes we get behind in paying a bill or two. No one is perfect 100 percent of the time. All too easily can we fall into the slippery slope of debt, which for many is becoming increasingly difficult to climb out of. When does a minor slip-up cross over into the realm of impossibilities? When is the right time, if ever, to file for bankruptcy? While missing a payment here and there is forgivable, sometimes due to unforeseen circumstances, catching up is just out of reach and bankruptcy is the only option.

Filing Personal Bankruptcy When You Own a Business

bankruptcy.jpgMany business owners that have fallen behind on their financial obligations are concerned as to whether they will be able to file for bankruptcy and keep their business. The answer to this question depends on a variety of factors, including the way in which your business is organized and whether you are personally liable for business debts. The good news for business owners is that, in many instances, they will be able to file for some type of bankruptcy and keep operating their business. If you are considering business bankruptcy, it is important to understand what types of bankruptcy may be available to you.

Common Mistakes for Individuals Filing Pro Se in Bankruptcy

pro se bankruptcy.jpgDetermining whether bankruptcy is the right decision for you depends on a number of factors. Over the past few years, there has been an increase in pro se bankruptcy filings. In fact, western states have the highest percentage of people filing for chapter 7 or 13 bankruptcy without the assistance of an attorney. Most consumers file for bankruptcy hoping that it will afford them a fresh start, but federal reforms to bankruptcy laws in 2005 have made consumer bankruptcy cases more complex. It is important to understand common mistakes that can be made along the way for individuals who have considered filing for bankruptcy without an attorney.

  • Santa Clara County Bar Association | 1917
  • American Inns of Court
  • CWL | California Woman Lawyers
  • Bay Area Bankruptcy | Forun
  • The State Bar of California
Schedule A Consultation Today

Contact Us To Schedule an Initial Consultation.

We are here to assist with your business, real estate and bankruptcy law needs, call 408-971-6270 or complete the contact form below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy