Bankruptcy FAQ- San Jose Bankruptcy Lawyer / Attorney



Bankruptcy FAQ- San Jose Bankruptcy Attorney Lawyer

Please read the following most often frequently asked Questions about Bankruptcy by client’s, and answered by our professionals. Please call our lawyers at bankruptcy and debt Relief law office located in San Jose, San Clara County, Alameda County, San Mateo County, and San Francisco County area at 408-912-5983 to schedule a Free Initial Consultation to ask your bankruptcy questions.

What is Bankruptcy?

San Jose chapter 7 Bankruptcy Attorney & lawyer

San Jose Chapter 13 Bankruptcy Attorney & lawyer

Bankruptcy law is primarily federal law directed at providing a fresh start in the form of debt relief for debtors. It varies a little from state to state. Bankruptcy law provides two basic forms of relief: (1) liquidation- Chapter 7 bankruptcy and (2) rehabilitation, also known as reorganization- Chapter 13 bankruptcy. However, most bankruptcies filed in California involve liquidation, which is governed by Chapter 7 of the Bankruptcy Code. The main purpose behind the United States Federal Bankruptcy law is to allow people who find themselves in debt that they cannot pay to undergo a judicially supervised liquidation or reorganization at the benefit of those who they owed money. At the San Jose Law Office of Geoffrey C. Nwosu, we recognize the fact that bankruptcy is not an end but just an opportunity for a fresh start in life.

How can I determine if filing Chapter 7 & 13 bankruptcy is for me?

Bankruptcy is not right for everyone. Attorney & lawyer Geoffrey Nwosu always advise clients to ask themselves if they can repay their debt obligation to their lenders within a reasonable period of time? Congress understood that many people will run into financial difficulty throughout their life time.  Bankruptcy laws and Debt relief laws was created to protect them from their creditors and lenders. One must not feel bad about filing bankruptcy or seeking bankruptcy debt relief. Our debt relief law office understands that and will guide you through the bankruptcy court process.

Why do I need to consult with a bankruptcy attorney or lawyer instead of filing bankruptcy myself?

While it is possible for one to file a bankruptcy case pro se, that is to represent him or herself without the assistance of an attorney, it is extremely difficult to do so successfully. Representation by an attorney is highly recommended. At the conclusion of your initial FREE consultation with one of our highly trained bankruptcy attorneys, you will be able to determine:

 1. What are your options? First, whether you have other options that will serve your interest better than filing bankruptcy.  Second, if you have to file for bankruptcy, whether representation by an attorney is necessary or to proceed filing your bankruptcy pro se.

2.  The bankruptcy law court process:  You will have a better understanding of the process involved. The education , 2 step credit counseling requirement, a good idea of the proximate time from beginning to end, which chapter may be better for you and a review of your income and expenses.

3. How much it will cost to file for bankruptcy? This will depend on the amount of work that needs to be done. Typically, filing chapter 11 or 13 bankruptcy in California may be a little more money than chapter 7 in lawyer’s fee.

4. Types of bankruptcy. An understanding of different types of bankruptcies and which type of bankruptcy will benefit you. Any bankruptcy questions you have regarding personal bankruptcy, consumer debt bankruptcy or business bankruptcy will be answered by our bankruptcy lawyers.

5. Find out whether liquidating your debts is better for you or whether arrangement of small payment plans will serve your financial situation better. By this, I mean chapter 7 bankruptcy or chapter 13 bankruptcy.

Please call our attorneys & lawyers at the San Jose bankruptcy debt relief law office at 408-912-5983 to schedule a Free Initial Consultation.

What do I look for in a bankruptcy law attorney & lawyer?

A good reputable bankruptcy law attorney must be able to answer your bankruptcy or debt relief questions. You must feel very comfortable with the attorney you hire. At the first free initial consultation, the attorney must explain the different types of bankruptcies and the procedures involved in each. Our experienced attorneys will give you a list of options available to you with a recommendation of which option that may be better for your situation.


How much will it cost me to consult with a bankruptcy lawyer in your Chapter 7 & 13 Bankruptcy law firm?

Your first consultation with our experienced bankruptcy attorneys is absolutely FREE. In your first free consultation, we will review of your financial situation with suggestions that will help you even if you decide not to hire our firm to represent you. In this meeting, you will meet an experienced debt relief and foreclosure bankruptcy lawyer, not a clerk or secretary. Our bankruptcy law attorney will review your assets, liabilities, income, expenses and make recommendation as to whether filing bankruptcy will benefit you.

Can you tell me how to file bankruptcy or how to obtain bankruptcy forms?

We will advise you to consult with a San Jose Santa Clara bankruptcy Lawyer and Attorney before filing bankruptcy. This will reduce the risk of getting your bankruptcy petition dismissed by the bankruptcy court judge and your items disallowed by the bankruptcy trustee. However, if you must, you can obtain bankruptcy information on how to file bankruptcy or obtain bankruptcy forms at 230 South First Street, Room 3035, San Jose, Ca. 95113. The San Jose Division of the bankruptcy court for the Northern District of California. This bankruptcy court serves the following Counties Santa Clara, Santa Cruz, Monterey, and San Benito. The bankruptcy law office Geoffrey Nwosu will assist you with your bankruptcy and debt relief needs in the above Counties, Silicon Valley  neighborhood and bay areas

How much will it cost to file Bankruptcy in San Jose, Santa Clara County, California?

 The cost to file bankruptcy depends on many factors: which chapter is filed, is it chapter 7 bankruptcy or chapter 13 bankruptcy, the type and number of creditors, the type and amount of non-exempt , the existence of any lawsuits pending against you. Therefore, we cannot quote you a fee until you meet with one of our experienced bankruptcy attorneys for your bankruptcy help.

Your cost to file bankruptcy in San Jose will depend on the amount of work that needs to be done. Typically, filing chapter 13 may be a little more money than chapter 7. You do not have any obligation to hire our law firm to represent you in filing bankruptcy after your free consultation. We are able to lower our fee to make the filing of a bankruptcy more affordable to more people. We understand the reason why one may decide to file bankruptcy. We also know that this is a very difficult time in our economy. Thus, we strive to offer the best bankruptcy service in San Jose, California at the best possible price.

Please contact our San Jose bankruptcy lawyers at 408-912-5983 to schedule a Free Initial Consultation.

In an emergency situation, how soon can I file my debt relief and bankruptcy?

Our San Jose California bankruptcy law office is available to prepare an emergency Bankruptcy petition in 48 hours or less, sometimes much less if there is a true emergency. But in order to prepare your Bankruptcy, you must provide all the documents we need, complete our bankruptcy law questionnaire, complete your credit counseling and verify that we have a complete list of all your creditors.

How long does the Chapter 7 Bankruptcy take in Santa Clara and Alameda County?

Generally, it may take from 31/2 to 5 months. There is no hard and fast rule as to how long any Chapter 7 Bankruptcy case can stay open. Your case could be completed as soon as 90 days after your bankruptcy trustee meeting. Since the Bankruptcy trustee meeting is held about one month after your case is filed, it could be over in less than four months. But if you fail to cooperate with the bankruptcy trustee or ignore your attorney's instructions, your case could remain open indefinitely. It is very advisable that you provide our attorneys with all the documentation that they need. This will help in completing your case in a timely manner. It is also not unusual that other non expected issues may delay the completion of your case.

Is filing bankruptcy or debt relief in San Jose, California for everyone?

Sorry, the answer is no. Bankruptcy is not for everyone. There is no obligation to file bankruptcy. It is an option that will only be considered when it is absolutely necessary. There may be financial reasons why it would be in your best interest to file bankruptcy.  Our experienced bankruptcy attorneys will advice you about whether or not you should file for bankruptcy or pursue an alternative solution to bankruptcy. We are humbled that most of our clients come to us by referrals from former clients, other attorneys, and other local organizations. Our firm’s good name in the community was developed through being honest and truthful to our client’s even at difficult times. We will definitely advice you not to file for bankruptcy if we believe that it will not serve your best interest.

How long will it take from filing my bankruptcy petition in court to discharging my personal debts through personal consumer  bankruptcy?

It depends on whether you are filing your personal bankruptcy under chapter 7 bankruptcy or chapter 13 bankruptcy. The record shows that a good majority of individuals who file personal bankruptcy under chapter 7 can write off their personal debt within 3 to 6 months while chapter 13 takes 3 to 5 years. Chapter 13 involves non-exempt assets, creditors, arrangement and making of payments for 3 to 5 years after which the debtor retains that asset. 

How are exempt asset different from non exempt asset?

An exempt asset is an asset that cannot be taken away from you by the chapter 7 bankruptcy trustee if you file bankruptcy. Non-exempt is an asset that can be taken away from you by the chapter 7 bankruptcy law trustee and divided among your creditors. This area of bankruptcy law can be very complicated. It is therefore highly recommended that you hire an experienced bankruptcy attorney to assist you in navigating through this process. Most people have furniture’s, rent or own a home, a car, household items, and retirement accounts, all of which are exempt in bankruptcy. Most people do not have non-exempt property. However, even you have non exempt property, our experienced attorney’s will advice you on ways that will best serve your interest. .

Please call attorney Geoffrey Nwosu at our debt relief law office at 408-912-5983 to schedule a Free Initial Consultation and get bankruptcy help.

What happens if I transfer my assets or property to another person’s name before chapter 7 &13 bankruptcy filing?

Please don’t. Under the bankruptcy law code, such transfers are not effective to put your assets beyond the reach of your creditors and bankruptcy trustees.  This type of action will result to denial of discharge by the bankruptcy judge.

The bankruptcy code allows for the appointment of bankruptcy trustee. The trustee has the power and can recover assets transferred within one year of the bankruptcy filing where there is fraud or where the transfer was made with intent to hinder creditors from recovering the fair market value of their assets. It is advisable for a debtor to consider Chapter 13 where the debtor generally wants to keep all of their property and makes payment for the non exempt value from the creditors through payments to the Chapter 13 bankruptcy law trustee. This situation presents itself more if you have more assets than you can protect with the available exemptions provided with your exempt assets.

What is automatic stay and how will it help me in either chapter 7 or 13 bankruptcy filing?

The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors, stopping all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove him into bankruptcy. Notes of Committee on the Judiciary, Senate Report No. 95-989

One of the most immediate effects of Chapter 7 bankruptcy protection is the automatic stay provision, which generally prevents creditors from collecting debts from you. This means your credits will no longer be able to call you at home or at work or at all hours of the day and night, they won’t be able to send you nasty collection letters, and they won’t be able to file a lawsuit against you.

Creditors are not allowed to call you or send you collection letters. They also can not take or continue any legal action against you or repossess your car or other assets. The automatic stay stops garnishment of your wages.

In Chapter 13 bankruptcy filing, the automatic stay gives the debtor protection from his creditors, subject to the oversight of the bankruptcy judge, and brings all of the debtor's assets and creditors into the same forum, the bankruptcy court, where the rights of all concerned can be balanced

Please call attorney & lawyer Geoffrey Nwosu at our bankruptcy debt relief law office at 408-912-5983 to schedule a Free Initial Consultation.

Will filing bankruptcy stop an eviction or unlawful detainer action?

You may be able to delay an eviction or unlawful detainer action from your home by filing bankruptcy. However, this will be a losing battle since the rightful owner has superior title. The owner is entitled to possession of his property without any interference. The debtor may only be allowed enough time to locate a new place. It is advisable to consult a lawyer to obtain more specific bankruptcy information regarding your situation.

Will bankruptcy stop a foreclosure proceeding in my house?

You can stop or delay foreclosure in your house but your lender is entitled to apply to the court for relief from the automatic stay to allow it to continue foreclosure proceedings. The court is more likely to grant their request. However, this delay will buy you more time to make a more definite plan or arrangement with your lender.

Can I file for Chapter 7 & 13 bankruptcy alone or do I have to include my wife?

Yes you can. It may be in your best interest to file alone depending on your situation. It is a decision that you might have to discuss with your spouse’s before filing. Our experienced California bankruptcy attorney will advise you during your free initial bankruptcy consultation whether or not it is in your and your spouse’s best interest to exclude your spouse from your bankruptcy filing. Your spouse definitely has the option to decide whether or not he or she files bankruptcy with you or not. Again, it will be very beneficial to consult an attorney and get bankruptcy help.

How will filing bankruptcy in San Jose California affect my credit score?

Filing bankruptcy will affect your credit if you have good credit and you are current with your debt obligations. However, if you are late in your payments and considering filing bankruptcy, then your credit are probably not so great now. Therefore, filing the right kind of bankruptcy with an experienced attorney and starting fresh may eventually help to clear up your debts and start over. You can start with secured credit card and smaller department stores. 

How can I reduce the amount of my monthly credit card payment?


First, review all your credit cards and determine which one that has a higher interest. The next step is to shop around for credit card companies that offer great interest rates. Then, approach your lender and request for interest rate reduction.

Another approach is to pay down the balances with the highest interest rates and then use (or obtain) a card with a low rate. Because there is great competition among credit card issuers, you might get a rate reduction simply by calling your current bank and requesting them to reduce your monthly interest payment.  

Please call attorney Geoffrey Nwosu at our bankruptcy debt relief law office at 408-912-5983 to schedule a Free Initial Consultation.   

How can I stop collection agencies from calling, harassing and disturbing me?

Some collection agencies have developed different techniques they use to harass debtors. Some of these methods are actually unlawful. It's against federal law for a bill collector who works for a collection agency to call you at an unreasonable time. They can also not harass you at work after you have warned them to stop calling. The law presumes that calls before 8 am or after 9 pm are unreasonable. 

The federal Fair Debt Collection Practices Act (FDCPA), bars collectors from calling and harassing you, using abusive language, or making false or misleading statements that are not proper. The federal law allows you to demand that the collection agency stop contacting you, except to tell you that collection efforts have ended or that will be filing a lawsuit against you. It is very advisable that you document all your communication with them in writing and all mails registered.

Please call our California foreclosure & bankruptcy lawyer & attorney at 408-912-5983 to schedule a Free Initial Consultation.

Q: What type of Bankruptcy cases do you handle?

 A: At the law office of Geoffrey Nwosu, attorney and lawyer, we handle Chapter 7 bankruptcy, Chapter 13 bankruptcy, Credit Card bankruptcy and foreclosure bankruptcy. Our lawyers may: wipe out your judgment liens, stop garnishment, stop pending Lawsuits, Stop Repossessions, Stop Foreclosures, Stop Harassing Creditors calls, and reduce or rearrange your Past Taxes and levies. We service personal bankruptcy needs and consumer debts needs in San Jose, Oakland, and San Francisco area, California.

Q: What cities, counties, and states will you take bankruptcy or debt relief cases?

A: Our Bankruptcy Law Office accept cases in chapter 7 bankruptcy filing, chapter 13 bankruptcy, Credit Card bankruptcy and foreclosure bankruptcy cases in Northern California area and Southern California area.

 Counties: Santa Clara Count, Alameda County, San Mateo County, Contra Costa County, Stanislaus County, San Joaquin County, Merced County, Sacramento County, Yolo county, Solano County, San Francisco County, San Cruz County, Monterey county, Napa county and San Benito County.

 Cities: Most of our clients come from Bay Area cities like San Jose, Sunnyvale, Mountain View, Gilroy, Morgan Hill, Santa Clara, Campbell, Cupertino, Los Gatos, Saratoga, Palo Alto, East Palo Alto, San Mateo, Salinas, Monterey, San Benito, Hollister, Pleasanton, Livermore, Antioch, Hollister, San Juan Bautista, Santa Cruz, Watsonville, Redwood City, Pittsburg, San Francisco, Oakland, Fremont, Newark, Hayward, Modesto, Merced, Ceres, Sacramento, Davis, and, Napa Valley

Send our bankruptcy law attorney & lawyer, Geoffrey Nwosu an email and schedule your free consultation.


Law Offices of Geoffrey C. Nwosu

1710 Hamilton Ave.
San Jose, CA 95125

(408) 912-5983
(408) 375-7703



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