If you’re considering filing bankruptcy in San Francisco, CA, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.

Am I Qualified for Bankruptcy?

In San Francisco, CA, the qualification for filing bankruptcy depends on several factors. Firstly, individuals must pass the means test, which evaluates your financial capacity to pay off your debts. This test compares your monthly income to the median income of a similar-sized household in California. If your income is below the median, you are generally eligible to file for Chapter 7 bankruptcy, which is designed to wipe out unsecured debts.

Furthermore, to file for bankruptcy, you must not have had a bankruptcy petition dismissed within the previous 180 days due to your willful failure to appear before the court or comply with court orders. You should also complete a credit counseling course from an approved agency within 180 days before filing.

For Chapter 13 bankruptcy, which involves a repayment plan, your unsecured debts must be less than $399,725, and secured debts must be less than $1,189,200. There is no means test for Chapter 13, but you must have regular income to prove that you can meet the obligations under the repayment plan.

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Do You Need a Lawyer to File For Bankruptcy in San Francisco, CA?

Though it is legally possible to file for bankruptcy without a lawyer, known as filing “pro se,” the process can be complicated and overwhelming. Bankruptcy laws are intricate, and even a minor error in your paperwork can lead to the dismissal of your case. A lawyer can guide you through the legal intricacies, ensuring that all documents are accurately completed and submitted on time.

Bankruptcy attorneys are familiar with the federal and state laws and can help you understand your rights and options. They can advise you on the type of bankruptcy that suits your financial situation, help protect your assets, and represent you in court proceedings. Having an attorney also aids in negotiations with creditors and ensures that the court confirms your bankruptcy plan.

While hiring an attorney incurs costs, many people find that the benefits, including potential savings and peace of mind, far outweigh these expenses.

Cost to File Chapter 7 Bankruptcy in San Francisco, CA

Filing Fees: The court-imposed filing fee for a Chapter 7 bankruptcy is typically a few hundred dollars. This fee is mandatory for processing your case. Note that the exact amount might vary and is subject to change based on updates from the U.S. Bankruptcy Court.

Credit Counseling and Debtor Education: Before you can file for Chapter 7 bankruptcy, you must complete a credit counseling course from an approved agency. Once you’ve filed, you’re also required to complete a debtor education course before your debts can be discharged. Each course might cost between $25 to $60, but fee waivers or reduced fees might be available for those with financial hardships.

Attorney Fees: While it’s possible to file pro se (without an attorney), due to the complexities of the bankruptcy code, most people opt for legal assistance. Attorney fees can vary widely based on the complexity of the debtor’s situation and the experience of the attorney. In San Francisco, given the high cost of living and professional services, you might expect to pay anywhere from $1,200 to $3,600 or more for representation in a Chapter 7 case.

Cost to File Chapter 11 Bankruptcy in San Francisco, CA

Filing Fees: Chapter 11 bankruptcy, commonly known as reorganization bankruptcy, has a higher filing fee, usually in the thousands of dollars. This fee goes to the court for processing the bankruptcy petition.

Administrative and U.S. Trustee Fees: Chapter 11 filers must pay quarterly fees to the U.S. Trustee Program based on their disbursements, which can add to the costs considerably.

Attorney and Professional Fees: Given the complexity of Chapter 11 cases, legal fees are substantial. These fees can range from tens of thousands to hundreds of thousands of dollars, depending on the intricacies of the case, the size of the debtor’s business, and the length of the reorganization process.

Cost to File Chapter 13 Bankruptcy in San Francisco, CA

Filing Fees: The court-imposed filing fee for Chapter 13 bankruptcy, while higher than Chapter 7, is less than that for Chapter 11. The U.S. Bankruptcy Court sets the exact amount and can be updated periodically.

Credit Counseling and Debtor Education: Just like with Chapter 7, individuals filing for Chapter 13 bankruptcy are required to complete both a credit counseling course before filing and a debtor education course post-filing.

Attorney Fees: The legal fees for Chapter 13 can vary, but many jurisdictions have “no look” or standard fees that attorneys agree to charge. In San Francisco, this might range from $3,600 to $5,700 for a basic case. Complex cases or those with contested issues might incur higher fees. Often, these fees can be incorporated into the repayment plan, making it more feasible for the debtor.

It’s essential to check current rates, perhaps by visiting the U.S. Bankruptcy Court’s website or consulting with local legal professionals, as costs can change and may differ based on individual circumstances.

Reliable Bankruptcy Attorneys in San Francisco, CA

Below is a list of reputable bankruptcy attorneys in San Francisco, CA. They can help you with both personal and business bankruptcy information.

The Law Offices of Eric J. Gravel

1390 Market St #200, San Francisco, CA 94102, United States

The Bankruptcy Center of John D. Raymond

2000 Van Ness Ave #205, San Francisco, CA 94109, United States

Blanco Law Firm

350 Townsend St #316, San Francisco, CA 94107, United States

EH Law Group

201 Spear St # 1100, San Francisco, CA 94105, United States

San Francisco, CA Zip Codes We Proudly Serve:

94102, 94103, 94104, 94105, 94107, 94108, 94109, 94110, 94111, 94112, 94114, 94115, 94116, 94117, 94118, 94121, 94122, 94123, 94124, 94127

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