Our Practice Areas
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is the form of bankruptcy that most people want to file under. Most cases last for 4 to 6 months, do not require any payment to creditors, and end with you keeping all of your property. However, Chapter 7 cases can get complex and put your property at risk. For this reason, it is important that you have an experienced attorney help you plan your case for the best results possible. Once a Chapter 7 case is filed and the trustee assigned to your case is seeking to go after your property, it may be too late.
Some individuals either cannot qualify for Chapter 7 because their income is too high or they have filed a prior bankruptcy. For these people, their only other options are Chapter 13 or Chapter 11 bankruptcy.
Other people might be eligible to file a Chapter 7, but opt to file under Chapter 13 due to the many advantages that can be obtained in a Chapter 13 that are not available in Chapter 7. For people that have fallen behind on their mortgage or car payments, Chapter 13 might be the only option. Other people who might lose property in a Chapter 7 can file a Chapter 13 instead and keep their property.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy involves repayment of certain debts over a longer period of time - usually 3 to 5 years - which results in retaining your property and exiting bankruptcy with a fresh start.
For individuals who are at risk of foreclosure or repossession from falling behind on mortgage or car payments, Chapter 13 bankruptcy will allow you to get caught up on these debts and keep your property.
Many Chapter 13 cases can result in as little as $0 payment on general unsecured debts, such as credit cards, medical bills, and personal loans.
Chapter 13 cases also require extensive planning in order to put you into a position to "hit the ground running" once your case is filed and payments begin coming due within 30 days. There are many in which the complexities of Chapter 13 can be taken advantage of including getting caught up on missed mortgage or auto payments, restructuring auto loans, repaying tax debt.
Using an experiened attorney is absolutely essential to a successful Chapter 13 case. Due to the vast complexities of the Bankruptcy Code, the failure rate in self-represented Chapter 13 cases is estimated to be around 99%
Small Business Bankruptcy
Businesses can file under Chapters 7, 11, and a new form of bankruptcy created in early-2020 referred to as Sub-chapter V. Depending on the size and complexity of your business and whether you intend to continue operating, you may be able to liquidate or reorganize under these chapters.
Heston & Heston
Bankruptcy Attorneys has a team of experts ready to advise our clients on Corporate Law related matters in the San Francisco area. We extend our legal experiences to serve clients of all types and sizes. Give us a call now.
Wills, Trusts, and Estate Planning
We assist clients with their estate planning needs including wills, trusts and related documents with a focus on avoiding probate and ensuring that the estate is distributed in accordance with the client’s desires. For those estates where a probate proceeding is required, we assist the heirs and estate representatives is ensuring that the estate administration goes as quickly and smoothly as it can.
Probate and estate administration is necessary to handle the affairs of loved ones when they die without a trust. Probate is the court supervision of the transfer of asset titles when someone dies. While the process can be smooth, affordable and relatively quick, complications can arise. Probate can become unmanageable if details and formalities are overlooked.