San Jose Bankruptcy Lawyer

Helping People Find a Brighter Financial Future. Serving the Entire Bay Area. 

Are you struggling with debt? Our San Jose bankruptcy lawyer can help you understand your options and take steps toward a fresh start. We can discuss ways to address financial distress, including creditor harassment, garnishments of your wages, repossession, and foreclosure actions on your home. You don’t have to face these concerns alone.

When you sit down with a bankruptcy attorney in San Jose, you can review your complete financial picture and learn which options are available under federal and California law. We can explain how the automatic stay may help you with collection lawsuits filed in Santa Clara County Superior Court or other Bay Area courts, and what it may mean for your home, car, and paycheck. By understanding your debts, assets, and goals in detail, you can make informed choices instead of reacting to pressure from creditors and collection agencies.

Understanding Your Bankruptcy Options in San Jose

Many people contact us because they’re unsure whether they qualify for Chapter 7, should consider Chapter 13, or ought to explore non-bankruptcy options such as negotiation or debt settlement. We can walk you through the basic differences between these approaches, including how each may affect your property, your monthly budget, and any pending lawsuits in local courts serving San Jose and surrounding communities. With clear information and time to ask questions, you can decide which path fits your long-term financial goals and family needs. This non-bankruptcy alternative involves negotiating with creditors about resolving debts for an agreed amount, and we can discuss whether it belongs among the options you consider.

In a typical consultation, we may discuss how your income compares to the median for California, how secured debts like mortgages and car loans are treated, and what to expect from trustees and judges who routinely handle cases in the San Jose Division of the U.S. Bankruptcy Court for the Northern District of California. We’ll also talk about practical next steps, such as gathering tax returns, pay stubs, and bank statements, so that your case can be prepared carefully and filed at the right time. We aim to give you a roadmap so you understand what can happen at each stage, from the initial filing through your meeting of creditors and a potential discharge.

The means test is the income-based eligibility screen used to determine whether someone qualifies for Chapter 7 or must continue with further calculations based on allowable expenses and disposable income. A household at or below the applicable California median passes the first part of the analysis. Income above the median doesn’t automatically prevent a Chapter 7 filing.

For cases filed on or after July 15, 2026, California median family income is:

• $79,253 for a one-person household.
• $102,797 for a two-person household.
• $116,541 for a three-person household.
• $139,071 for a four-person household.

Chapter 7 is a liquidation process without a repayment plan, and a trustee can sell nonexempt property that has value beyond available legal protections. Chapter 13 is designed for people with regular income and uses a repayment plan that usually lasts three to five years, allowing the filer to keep property while making required payments.

Protecting Property & Addressing Foreclosure

California exemptions are legal protections that determine which property a bankruptcy filer can keep, including protections relevant to a principal residence, vehicle, and retirement assets. The automatic homestead protection applies to a principal residence when the filer lived there on the petition date, without requiring a separate homestead filing.

Under California Code of Civil Procedure Section 704.730, the homestead amount is based on the greater of the prior year’s countywide median sale price for a single-family home, subject to a statutory cap, or a statutory floor. The $600,000 cap and $300,000 floor are adjusted annually for inflation. In Chapter 7, whether a trustee can sell a home depends in part on the equity remaining after secured debts and the available homestead protection are considered.

A bankruptcy filing generally triggers the automatic stay, which pauses foreclosure activity while it remains in effect. Chapter 13 can provide a way to address past-due mortgage payments through the repayment plan while current payments remain due. Chapter 7 can temporarily pause foreclosure, but it doesn’t provide a repayment plan for catching up on missed mortgage payments.

Get a Free Consultation with Our San Jose Bankruptcy Attorneys

We proudly serve the Bay Area from our main office in San Jose, CA. We also serve clients throughout Oakland, Salinas, and the surrounding areas. Hiring the right bankruptcy lawyer can help you understand the available options and prepare for each step of your case. 

Many people who contact a San Jose Bankruptcy attorney are unsure whether Chapter 7, Chapter 13, or a non-bankruptcy workout is the best path forward, and they may worry about how a filing will affect their credit, home, or small business. During your free, one-hour consultation, we can walk you through these choices step by step and outline a practical timeline from filing to a potential discharge so you know what to expect at each stage.

As of 2026, the federal court filing fee is $338 for Chapter 7 and $313 for Chapter 13. A Chapter 7 filer can apply to pay the court fee in up to four installments within 120 days or request a waiver when household income is below 150% of the federal poverty guidelines. Chapter 13 filing fees aren’t eligible for a waiver.

Contact us for a free case evaluation to determine the ideal solution for you. Call (408) 465-4472or contact us online to speak with a California bankruptcy lawyer.