Bankruptcy Discharge
San Jose Bankruptcy Discharge Attorney
San Jose Bankruptcy Attorney and debt Relief Lawyer
Our San Jose bankruptcy discharge attorney will help you to obtain releases from personal liability for certain specified types of debts. Bankruptcy discharge means that the debtor is no longer legally required to pay any debts that are discharged in bankruptcy. The goal of filing a bankruptcy petition for both chapter 7 bankruptcy and chapter 13 bankruptcies is to obtain a bankruptcy discharge. Although a debtor is not personally liable for discharged debts, a valid lien that has not been avoided in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien. At the bankruptcy law center of Geoffrey Nwosu, we have helped many clients to obtain bankruptcy discharge and eliminate their debts and wipe them off. Our bankruptcy attorneys and debt relief lawyers are trained to work with both the bankruptcy trustees, creditors, and the bankruptcy court.
Qualifying for a Bankruptcy Discharge
Santa Clara County Bankruptcy Lawyer
Our Santa Clara bankruptcies Lawyer and debt relief attorney will first advice you that not everyone will qualify for bankruptcy discharge. Some debtors who inquires about filing bankruptcy always want to know whether their debts will qualify for a discharge under Chapter 7 bankruptcy,
- Bankruptcy discharges can only occur once each eight year period. This is to prevent individuals from abusing the process from its objective of helping people that are facing financial difficulties and give them opportunity for fresh start.
- As stated in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, each debtors seeking discharge must enroll in and complete a personal financial management class which includes both pre-credit counseling and post-credit counseling and obtain a certificate of completion. This pre- counseling certificate is filed together with the bankruptcy petition.
- The individual must be truthful in his or her petition. Bankruptcy court will deny a discharge and dismiss the petition if they discover fraudulent transfers. Our advice is that you don’t transfer any assets to any person before filing bankruptcy. The penalty may include complete dismissal of your bankruptcy petition.
Can bankruptcy discharge be revoked?
San Jose Oakland Bankruptcy Attorney and Debt Relief Lawyer
A bankruptcy court judge may revoke a chapter 7 discharge on the request of the trustee, a creditor, or the U.S. trustee. The court may take such action if the discharge was obtained through one of the following ways:
- Fraud by the debtor. This happens where the debtor fraudulently failed to report the acquisition of bankruptcy estate property or to surrender the property to the trustee. Non exempt assets are usually turned over by the debtor to the bankruptcy trustee who has the task of selling the non exempt assets for the benefit of the creditors. The revenue or proceeds recovered by the trustee are distributed to creditors in the other set by the bankruptcy code.
- Material misstatement. This occurs where the debtor makes a material misstatement or fails to provide documents or other information in connection with an audit of the debtor’s petition. The bankruptcy trustee has a duty to conduct proper audit to make sure that all schedules submitted by the individual debtor is proper and the amount of disclosure correct. It is always advisable to be truthful in your petition and document properly. Please contact the San Jose Bankruptcy Debt Relief Law Office of Geoffrey Nwosu located in Silicon Valley, Bay Area at 408-912-5983 or www.nwosulaw.com for a confidential free consultation.
- Fraudulent Transfer of assets: It is prohibited by the bankruptcy code for a debtor to illegally transfer assets before filing bankruptcy or during bankruptcy. Bankruptcy discharge granted based on material fraudulent information provided by the debtor will be revoked by the bankruptcy judge.
Silicon Valley Bankruptcy Lawyer
Our experienced Silicon Valley bankruptcy attorneys and debt relief lawyers and attorneys at the law office of Geoffrey Nwosu located in San Jose Silicon Valley, have worked hard for many years to provide legal services to individuals and businesses in Santa Clara, Alameda, San Mateo and San Francisco bay area. We specialize in bankruptcy and debt relief and we help people to stop creditor harassment, pending lawsuits, car repossessions, creditor phone calls, wage garnishment, judgment liens, foreclosures, and rebuild their credit. We are very aggressive and hard working. We have helped many Silicon Valley clients like you to obtain bankruptcy discharge and eliminate their debts under the law.
Looking for a free Bankruptcy help with a San Jose Bankruptcy Attorney and California bay Area Bankruptcy Lawyer?
We are San Jose bankruptcy lawyers and California debt relief attorneys. A San Jose Bay Area bankruptcy attorney and debt relief lawyer at our law office will speak to you for free about filing bankruptcy. We start by asking question and understanding your hardship problems. We serve clients that are having financial difficulties to eliminate their debts, wipe it off and start fresh. Our Federal bankruptcy Code allows you to do just that if you qualify. A bankruptcy lawyer at Nwosu bankruptcy law center will consult with you for free to discuss your bankruptcy options. This discussion will cover personal bankruptcy, chapter 7 bankruptcy, chapter 13 bankruptcy, chapter 11 bankruptcy, business bankruptcy and non bankruptcy solution. We have assisted many clients in filing bankruptcy in Santa Clara County, Alameda County, and San Francisco County. Please contact the San Jose Bankruptcy Debt Relief Law Office of Geoffrey Nwosu located in Silicon Valley, Bay Area at 408-912-5983 or www.nwosulaw.com for a confidential free consultation.
The bankruptcy Law Office of Geoffrey Nwosu is located in San Jose Campbell Bay Area Ca. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
