San Jose, California

Welcome to Sagaria law, a Professional Corporation comprised of experienced bankruptcy attorneys specializing in bankruptcy for consumers in debt. Our flagship San Jose corporate headquarters is a full service debt resolution firm, combining over 60+ years of experience in debt relief by way of Chapter 7, Chapter 13 and Chapter 11 bankruptcies, with additional financial management in the areas of legal debt settlement, mortgage modification, asset protection, and more. In addition to serving San Jose, Campbell, Cupertino, Gilroy, Los Gatos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San Martin, Santa Clara, Saratoga, Sunnyvale, we have 10 offices spread throughout the bay area including San Francisco, Fremont, Redwood City and as far North as Portland, OR and as far south as San Diego. Sagaria Law welcomes you to peruse our site and take advantage of our consultation and free online evaluation to determine what your particular financial circumstances are best suited for.

Our San Jose bankruptcy solutions revolve around two types of relief. Liquidation and reorganization; chapter 7 is the liquidation solution; and chapters 13 and 11 are reorganizations. There are many variations on why you would qualify for a certain chapter. One of our qualified San Jose bankruptcy attorneys can assist you in which chapter is best suited for your specific debt scenario.

Generally, if you are not involved in saving real property, reorganizing debt such as foreclosing mortgages or auto repossessions and are looking for total relief from debt now, you would qualify for a Chapter 7. At our San Jose Law Firm we will be able to foresee if you would qualify for a chapter 7. In order to pass the "means test" your income after adjustment for secured debts (mortgages and auto loans) and after considering household size must not exceed the mean or average cost of living in the bay area (food, shelter, utilities, gas oil and repairs clothing etc) as determined by the fed's.

If income does exceed needs then you cannot file chapter 7 but must dedicate your excess income as determined above to repayment of your unsecured debt i.e. credit cards and judgments. Generally, for you individuals with secured debt under 1 million dollars and unsecured debt under $336,000 you must go into chapter 13 reorganization. Basically you agree to dedicate your excess income as determined by the fed's to unsecured creditors for 5 years. After five years your credit obligations are discharged. Our San Jose Bankruptcy Lawyers can explain why a Chapter 13 is not bad. There are many reasons to use it as stated above. One being if you are behind on home mortgage you can keep your home. In a Chapter 13 you may repay your arrearage over the five year period (e.g. you are 10 months behind at $3,000.00 per month. You repay $30,000.00 over 5 years to your lender and they cannot foreclose.)

Chapter 11 is for corporations, partnerships and debtors with larger debts. This is also a reorganization bankruptcy. Here in our office we have a San Jose bankruptcy Attorney that is VERY knowledgeable in Chapter 11 bankruptcies as they are more complex, more expensive and very involved both for the client the attorney and the trustee's.

We feel it is HIGHLY important for debtor to understand the bankruptcy laws. In order for you to keep your sanity you need to know what to expect and what is expected of you. This is why we encourage you to come into our San Jose Law Firm and meet with one of our seasoned Bankruptcy attorneys.

A very common issue that comes up in all proceedings is a Motion for relief from stay. Our San Jose Bankruptcy Lawyers are very accustomed with how to handle any issues that may arise in a bankruptcy proceeding. When you file bankruptcy the law provides that an automatic stay goes into effect. Stay like in "stay away" is a federal order from San Jose bankruptcy court. The order is that no creditor is to do any act in furtherance of collection of their debt. This includes calling, sending a statement, repossession of car or foreclosure on your home. Let us look at chapter 7 situation. When you file the stay goes into effect. It tells your creditor Wells Fargo mortgage that they cannot precede with the foreclosure on your home. The stay lasts as long as your chapter proceeding, unless relief is granted by the court.

This page is just a brief insight into this huge phenomenon in our economy. Everyone has a different financial situation and no one should be assessed the same so Call us today at 408-279-2288 to schedule your consultation with one of our San Jose Bankruptcy Attorneys. We want to help you gain your financial freedom!

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