The RegistryBay Area · California
Bankruptcy Lawyers in San Jose, California
Searching for a bankruptcy attorney in San Jose? Counsel for a fresh start — consumer and small-business debt relief. This page indexes San Jose's bankruptcy coverage from one source — the State Bar of California's official roll — with every attorney scored in the open and the choice always yours.
San Jose is a city of roughly 971,000, and its bankruptcy matters are heard at the Santa Clara County Superior Court — Downtown Superior Courthouse. Santa Clara County Superior Court runs a complex civil litigation division that hears many of the technology sector's trade secret, employment, and shareholder disputes; the federal Northern District's San Jose division sits a few blocks away.
Before comparing counsel, note the clock. Under 11 U.S.C. § 362, the governing period is the automatic stay halts most collection the moment a bankruptcy petition is filed. Bankruptcy is federal (11 U.S.C.), filed in the U.S. Bankruptcy Court districts covering California. Chapter 7 eligibility runs through the means test (11 U.S.C. § 707(b)); Chapter 13 plans last three to five years (§ 1322(d)).
The clock & the craft
The automatic stay halts most collection the moment a bankruptcy petition is filed.
11 U.S.C. § 362
Bankruptcy is federal (11 U.S.C.), filed in the U.S. Bankruptcy Court districts covering California. Chapter 7 eligibility runs through the means test (11 U.S.C. § 707(b)); Chapter 13 plans last three to five years (§ 1322(d)).
Reading the roster in San Jose
Bankruptcy is federal, so what matters locally is the attorney's standing practice in the bankruptcy court division where your case will be filed and with its panel trustees. Ask which chapter fits your income and assets and why, what the flat fee covers, how California's two exemption schemes apply to your property, and what the timeline to discharge looks like. Be wary of non-attorney "debt relief" services; bankruptcy petition preparers are sharply restricted by 11 U.S.C. § 110.
Bankruptcy · Santa Clara County roster
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Bankruptcy questions, cited
What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 liquidates non-exempt assets and typically discharges qualifying unsecured debt within months (11 U.S.C. § 727); eligibility runs through the means test of 11 U.S.C. § 707(b). Chapter 13 keeps assets and repays creditors through a three-to-five-year court-approved plan (11 U.S.C. § 1322), which is often used to cure mortgage arrears and stop foreclosure.
Will bankruptcy stop wage garnishment and creditor calls?
Yes, immediately in most cases. Filing triggers the automatic stay of 11 U.S.C. § 362, which halts garnishments, collection calls, lawsuits, and most foreclosure sales while the case is pending. Exceptions exist for support obligations and repeat filings; willful stay violations can make a creditor liable for damages (11 U.S.C. § 362(k)).
Can I keep my house and car if I file bankruptcy in California?
Often, yes, through exemptions. California's homestead exemption protects between roughly $300,000 and $600,000 of home equity, indexed to county median home prices (Cal. Code Civ. Proc. § 704.730). Filers choose between the § 704 exemption scheme and the § 703.140 alternative set, which includes a flexible wildcard. Secured debts like a car loan must still be paid or the collateral surrendered.
Does bankruptcy wipe out all debts?
No. Domestic support obligations, most student loans (absent undue hardship under 11 U.S.C. § 523(a)(8)), recent taxes, criminal restitution, and debts from fraud or willful injury generally survive discharge (11 U.S.C. § 523). What remains dischargeable — credit cards, medical debt, personal loans, most judgments — is usually the bulk of consumer debt.
How often can I file for bankruptcy?
A Chapter 7 discharge is available eight years after a prior Chapter 7 discharge (11 U.S.C. § 727(a)(8)); a Chapter 13 discharge generally requires four years after a Chapter 7 or two years after a prior Chapter 13 (11 U.S.C. § 1328(f)). Filing itself is possible sooner, but repeat filings can shorten or eliminate the automatic stay (11 U.S.C. § 362(c)(3)–(4)).
Legal information, not legal advice.
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