How to Avoid Bankruptcy:
People file bankruptcy for all kinds of reasons. A business or an individual can decide to file bankruptcy once they determined that it has become difficult and almost impossible for them to pay their debt. The federal bankruptcy code offers them the opportunity to file bankruptcy if they are qualified and to start fresh. Ability to determine whether one is qualified can be complex and sometimes complicated. One risk is that the court process may reject their file if incomplete and the filing will be denied. A discharge will be denied for improper activity like:
- Fraudulent use of credit cards before filing bankruptcy
- Destroying financial records
- Failure to turn over records to the trustee
- Not obeying court orders
- Fraudulent transfer of assets before bankruptcy
- Not listing all assets
- Not properly explaining loss of assets
At the San Jose Bankruptcy Law Office of Geoffrey Nwosu, We carefully review all the documents, conduct necessary research to make sure that our clients documents are filed properly.
However, Bankruptcy is not for everyone. There are alternatives to bankruptcy. This means non-bankruptcy solutions. It is always advisable to pursue these alternatives to delay and possibly avoid bankruptcy. Some of these options that we discuss with clients include:
- Credit Counseling Services
- Debt Negotiation and Agreement
- Debt Consolidation
- Securing Credit Waiver
Please contact us to discuss your options.
Chapter 7 Bankruptcy: This is the most common filing in California. It is also known as liquidation bankruptcy. It will allow one to eliminate most forms of unsecured debt, such as credit cards, medical bills, personal loans, law suits, judgments, and some taxes. Chapter 7 wipes off qualified debts and no repayment is required. The court process here usually takes about 3-6 months. The means test may be applicable here. Both individuals and businesses can file chapter 7 bankruptcy. Please contact the San Jose Chapter 7 Bankruptcy Attorney at the Law Office of Geoffrey Nwosu at 408-912-5983.
Chapter 7 Bankruptcy Trustee Role: The federal bankruptcy court maintains control over your property and debts by appointing an official called a trustee to manage your case. The trustees goal is to recover the most for your creditors. The trustee reviews the file, conducts meeting of creditors, review your eligibility for discharge, determines whether it is cost effective to sell any non-exempt assets, and distributes the proceeds to creditors.
Small Business Bankruptcy: Small business owners that are experiencing difficult financial problems may also get protection under chapter 7 bankruptcy when the business dissolves. Contact our Law office for more information at 408-912-5983.
Certain personal assets are protected under the federal bankruptcy law: The exemptions include but not limited to the following: IRA, 401(k) and other retirement accounts, Household goods and services, Ordinary apparel like uniforms, tools required for your job, Equity in vehicle up to a limit, Home Equity up to a limit, Some cash and valuable like jewelry or art.
Chapter 13 Bankruptcy: This is a form of debt re organization where consumers are allowed to consolidates their debts and pay it over 3 to 5 years. At the end of chapter 13, any unpaid debt is completely eliminated. Chapter 13 debts generally may include balances on vehicle loans, student loans, credit card debts, taxes, junior liens on property when market value is below amount owed, and other unsecured debts.
Foreclosure: The foreclosure process starts with a notice of default. That will be followed by a Notice of trustee sale after 90 days or sooner in some cases. At the Foreclosure Prevention Office of Geoffrey Nwosu, we can file bankruptcy to stop the foreclosure and repossession. This may allow you time to come up with long term plan to retain your home. However, you may not be able to file bankruptcy to get your property back once the trustee sale has been completed or finalized.
Stop Creditor Harassment: After we file for Chapter 7 bankruptcy or Chapter 13 bankruptcy, a notice will be served to your creditor. An automatic stay is put in effect and creditors must stop collection activities during the period of the stay. We will also stop the creditor from the following: Calling your home or work place, Sending threatening mails. Wage garnishment, and possibly foreclosures and repossessions.
Relief from Tax Lien: The federal bankruptcy law can be complicated and confusing when applied to IRS. The law gave IRS more rights than private individuals. Most taxes may not be wiped off by filing bankruptcy. However, taxes older than 3 to 5 years may be discharged, reduced or partially discharged through bankruptcy filing.
