◈ Homepage — http://gsllawoffice.com/Skip to content 510 N. 1ST STREET, STE 221 San Jose, CA 95112 SE HABLA ESPAÑOL HOME MEET THE TEAM PRACTICE AREAS LEGAL NEWS TESTIMONIALS CONTACT US At the Law Office of Gabriel S. Law, we are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system. We take pride in our ability to deliver specialized immigration services that can meet the personal needs of our diverse clientele. Navigating through the complex maze of immigration laws and procedures can be a difficult and unforgiving journey if undertaken alone. Our office is committed to helping you every step of the way. We are proud to serve the Spanish-speaking community. Each and every immigrant came to the “Land of Opportunity” filled with hopes and dreams of a new, happy, and prosperous life. Yet many still find themselves unable to enjoy the worry-free life they always wanted due to concerns about their status. We can help with that. Each immigrant deserves a chance to live out his or her American Dream. This is your chance to secure your future in this country. We can help make tomorrow a brighter day. It only takes one call to begin turning your dreams into reality! Practice Areas Chapter 7 Bankruptcy VIEW PRACTICE DETAIL Chapter 13 Bankruptcy Individuals with regular income and/or significant assets can keep all their property and control their overwhelming debt by repaying only ... VIEW PRACTICE DETAIL Immigration Immigration law is a complex and always changing area of law. It is difficult to navigate without the experience of an attorney. VIEW PRACTICE DETAIL Free Case Evaluation The Law Office of Gabriel S. Law has the knowledge, the experience, and the compassion to help tell your story and to help you navigate the complex legal system. Law Office of Gabriel S. Law We are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system Contact Us 510 N. 1st St, Ste 221 San Jose CA 95112 (408) 982-3036 [email protected] Sorry, we have no imagery here. Sorry, we have no imagery here. Sorry, we have no imagery here. Sorry, we have no imagery here. GSL Immigration Law 510 N. 1st Street, Suite 221 95112 San Jose Map Satellite Keyboard shortcuts Map data ©2026 Google Terms Report a map error Map-Generator Copyright © 2023 Gabriel S Law - Produced by Project 100 ◈ Interior Pages — 8 pages crawledLegal News – Law Office of Gabriel S. Law Skip to content 510 N. 1st Street, Ste 221 San Jose, CA 95112 Se Habla Español Home Meet the Team Practice Areas Immigration Chapter 13 Bankruptcy Chapter 7 Bankruptcy Legal News Testimonials Contact Us Law Office of Gabriel S. Law > Legal News Immediate Relatives Posted by admin on August 27, 2019 with 0 Comment Section 201(b)(2)(A) of the Immigration and Nationality Act (“INA”) defines “immediate relatives” to include: spouses, minor children (under the age of 21), and parents of U.S. Citizens (if the U.S. Citizens are at least 21 years old). Continue reading “Immediate Relatives” → Consequences of the new 90-day rule Posted by admin on November 3, 2017 with 0 Comment The former 30/60 day rule is used by the consular officers and adjudication officers of the USCIS in determining whether a ground of inadmissibility known as “misrepresentation” exists in applicants for visas. Under the law, a person who misrepresented himself/herself before an immigration or consular officer is inadmissible and may be denied a future visa. The old law looks into activities of the visa applicant that occurred within 30-60 days of presence in the United States. These includes engaging in unauthorized employment or marrying a US citizen and taking up residence in the United States after marriage. Under the prior rule, if the status violation or conduct occurred more than 30 days but less than 60 days after entry, no presumption of misrepresentation would apply unless the facts gave rise to a “reasonable belief” that the individual misrepresented his or her intent, he or she would be provided the opportunity to present evidence to the contrary. Continue reading “Consequences of the new 90-day rule” → Know Your Rights: Encounters with ICE Posted by admin on October 27, 2017 with 0 Comment The U.S. Constitution grants certain rights to all people living in the United States, regardless of immigration status. This is important to know what these rights are, now that we are experiencing heightened immigration enforcement by the Department of Homeland Security (DHS), its sub-units: Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), and other law enforcement officers. Continue reading “Know Your Rights: Encounters with ICE” → Work Authorization for U-Visa Applicants Posted by admin on October 17, 2017 with 0 Comment Continue reading “Work Authorization for U-Visa Applicants” → Difference between avoiding a lien and stripping a lien Posted by admin on September 26, 2017 with 0 Comment There is a difference between avoiding a lien under 11 U.S.C. section 522(f) and treating a secured claim as wholly or partially unsecured based on a valuation of the collateral (“lien stripping”). Continue reading “Difference between avoiding a lien and stripping a lien” → Recent News Immediate Relatives Consequences of the new 90-day rule Know Your Rights: Encounters with ICE Work Authorization for U-Visa Applicants Archives August 2019 November 2017 October 2017 September 2017 Categories Adjustment of Status Bankruptcy Chapter 13 Immediate Relatives Immigration U-Visa Uncategorized Search for: Law Office of Gabriel S. Law We are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system Contact Us 510 N. 1st St, Ste 221 San Jose CA 95112 (408) 982-3036 [email protected] Map-Generator Copyright © 2023 Gabriel S Law - Produced by Project 100 Chapter 7 Bankruptcy – Law Office of Gabriel S. Law Skip to content 510 N. 1st Street, Ste 221 San Jose, CA 95112 Se Habla Español Home Meet the Team Practice Areas Immigration Chapter 13 Bankruptcy Chapter 7 Bankruptcy Legal News Testimonials Contact Us Law Office of Gabriel S. Law > Practice Areas > Chapter 7 Bankruptcy Eliminate most, if not all, of your debt in a few months while keeping your property. Chapter 7 Bankruptcy By far the most common form of bankruptcy, Chapter 7 is a relatively short and straightforward process that allows you to wipe out most, if not all, of your debt. Below is a brief summary of chapter 7 bankruptcy basics, but to learn about how to best address your situation, call (408) 982-3036 to set up a free consultation. Who Can File For Chapter 7 Bankruptcy? Chapter 7 is open to most individuals and businesses that haven’t filed a previous bankruptcy in the past 8 years. Unless you fall under one of a few exemptions (current or recent active military service, for example) you must qualify to file under chapter 7 based on your income. The primary test to determine whether or not you qualify for a chapter 7 bankruptcy is to compare your “current monthly income” to the median income in California. If you make less than the California state median, you’ll almost always qualify for a chapter 7, but don’t be discouraged if you make more. If you make more than the California state median, you have a second opportunity to qualify under the “means test.” A bankruptcy attorney knows the means test inside and out and will help you to get the best result possible. If you still don’t qualify, you can consider filing a chapter 13 bankruptcy which has some benefits not available under chapter 7. How Does Bankruptcy Protect Me? Chapter 7 bankruptcy improves your life in two different ways. First, as soon as your case is filed you start to receive protection from your creditors under the “automatic stay”–a court order which prohibits your creditors from attempting to collect their debt. This will stop debt collection lawsuits, foreclosures, and garnishments immediately. Second, the bankruptcy will result in the discharge of the vast majority of your debts. That is, your balance will become $0.00. Keep in mind that some debts such as student loans, domestic support obligations, and others can’t be wiped out. Credit card, medical, and repossession debt are almost always dischargeable, though. How Does the Bankruptcy Process Work? The process of obtaining a discharge of your debts in a chapter 7 bankruptcy is complicated but straightforward. You’ll begin by preparing your bankruptcy petition, schedules, and a multitude of other documents for filing with the United States Bankruptcy Court near your residence. This is work done by our office based on information you’ve provided. During the process, you will take two financial management courses – one before your case is filed, and the second about a month or so after your case is filed. These courses are mandatory and only take a few hours to complete. Roughly 30 days after filing your case, you’ll have your “341 Meeting,” which you will appear at with an attorney from our office. During this meeting the bankruptcy trustee, an attorney appointed to oversee your case and represent your creditors, will take a few minutes to question you about your situation and make sure things are being done properly. If you’ve hired our office, we would have taken the time prior to filing your case to make sure that you’re prepared for the questions at your 341 meeting. Creditors may also appear at the 341 Meeting, but rarely do so. Again, the 341 meeting is a short, simple matter for most people and isn’t something to be anxious about. No sooner than 60 days after your 341 meeting, your debts are discharged. No sooner than 30 days after the debts are discharged, your case will be closed. Congratulations – at this point you’re ready to get on with your life and enjoy your fresh start. What Do I Have To Give Up? A chapter 7 bankruptcy is also called a liquidation bankruptcy. What that means is that, in exchange for the discharge of your debts, you are expected to surrender certain assets to the bankruptcy court so that they can be sold to pay your creditors. While the concept of a liquidation may be intimidating, don’t let it scare you. In California, we have generous exemption laws that protect the vast majority of what you own from being surrendered to the court. For example, you get to keep most, if not all of your household goods, your cars, your retirement fund, and, in many instances, your home. We can help you hold onto your things so you’re in the best position possible after your case wraps up. How Will Bankruptcy Affect My Credit? In the short term, filing bankruptcy will lower your credit score. However, if you’re already significantly behind on your payments, your credit score will suffer and continue to suffer. Ironically, for most people, chapter 7 bankruptcy is the quickest way to become credit-worthy again. One reason is that instead of bumping along the bottom of the credit score range with ongoing missed payments and overwhelming interest, bankruptcy wipes the slate clean and gives you a fresh starting point for your recovery. Because you’ve wiped out your debt in a chapter 7 bankruptcy, you become a much better credit risk. Your debt-to-income ratio is dramatically better, which is vitally important to new creditors. They know that the money you’re earning will go to repay them instead of that card that you maxed out five years ago. In fact, you are so much better off that you may be able to qualify for a home loan in as soon as two years. Conclusion While the process of filing bankruptcy is straightforward, the law involved in the process is complex, nuanced, and constantly changing. Our office is dedicated to making sure that you get the best results possible. Law Office of Gabriel S Law will provide the personalized service and attention to detail that are essential to a successful chapter 7 bankruptcy petition. Take the first step in putting your stressful debt in the past and call (408) 982-3036 today to set up a chapter 7 bankruptcy consultation. Law Office of Gabriel S. Law We are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system Contact Us 510 N. 1st St, Ste 221 San Jose CA 95112 (408) 982-3036 [email protected] Map-Generator Copyright © 2023 Gabriel S Law - Produced by Project 100 Meet the Team – Law Office of Gabriel S. Law Skip to content 510 N. 1st Street, Ste 221 San Jose, CA 95112 Se Habla Español Home Meet the Team Practice Areas Immigration Chapter 13 Bankruptcy Chapter 7 Bankruptcy Legal News Testimonials Contact Us Meet the Team Law Office of Gabriel S. Law > Meet the Team Gabriel Law Immigration is personal to Gabriel. As a son of immigrants to this great country, Gabriel understands the importance of keeping families together and securing every opportunity for immigrant families to achieve the best life and best future for their children.... Read more Melissa Lopez My name is Melissa Lopez. I was born and raised in San Jose, CA. I have spent my entire life in the San Jose community. I attended De Anza Community College then transferred up north to Humboldt State University where I received my Bachelor’s degree in Sociology with a Minor in Business. I am fluent in Spanish and English..... Read more Karen Marin My name is Karen Marin. I am originally from Atlixco Puebla Mexico. I have worked in different fields in my career. From retail manager to restaurant manager and now legal assistant. Ever since I was in middle school, I have wanted to work in a field that would allow me to help others..... Read more Law Office of Gabriel S. Law We are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system Contact Us 510 N. 1st St, Ste 221 San Jose CA 95112 (408) 982-3036 [email protected] Map-Generator Copyright © 2023 Gabriel S Law - Produced by Project 100 Practice Areas – Law Office of Gabriel S. Law Skip to content 510 N. 1st Street, Ste 221 San Jose, CA 95112 Se Habla Español Home Meet the Team Practice Areas Immigration Chapter 13 Bankruptcy Chapter 7 Bankruptcy Legal News Testimonials Contact Us Law Office of Gabriel S. Law > Practice Areas Chapter 7 Bankruptcy Read More Chapter 13 Bankruptcy Individuals with regular income and/or significant assets can keep all their property and control their overwhelming debt by repaying only ... Read More Immigration Immigration law is a complex and always changing area of law. It is difficult to navigate without the experience of an attorney. Read More Law Office of Gabriel S. Law We are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system Contact Us 510 N. 1st St, Ste 221 San Jose CA 95112 (408) 982-3036 [email protected] Map-Generator Copyright © 2023 Gabriel S Law - Produced by Project 100 Chapter 13 Bankruptcy – Law Office of Gabriel S. Law Skip to content 510 N. 1st Street, Ste 221 San Jose, CA 95112 Se Habla Español Home Meet the Team Practice Areas Immigration Chapter 13 Bankruptcy Chapter 7 Bankruptcy Legal News Testimonials Contact Us Law Office of Gabriel S. Law > Practice Areas > Chapter 13 Bankruptcy Individuals with regular income and/or significant assets can keep all their property and control their overwhelming debt by repaying only a portion of it. Chapter 13 Bankruptcy The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time–three to five years.) What Is Chapter 13? Sometimes called a “wage earners” bankruptcy, chapter 13 bankruptcy is a way for debtors with regular income to reorganize their finances. In Chapter 13 bankruptcy, you’ll work with your creditors and the Bankruptcy Trustee to create a payment plan lasting between 3 to 5 years. At the end of the plan, your remaining unsecured debts will be discharged. Most filers end up paying pennies on the dollar for their unsecured debts. Chapter 13 bankruptcy addresses both secured and unsecured debts. You may choose whether you want to continue making payments on your secured debts, such as mortgage and auto loans, or surrender the property. The unpaid portion of your unsecured debts, such as credit cards and medical bills, will be discharged at the end of your plan. Advantages of Chapter 13 Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan in a timely manner. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on “consumer debts.” This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection. How much will I have to pay each month? Your Chapter 13 plan payment depends on what you earn, not what you owe. The Trustee will take your income and subtract certain expenses according to local and national standards. Then they will subtract certain expenses such as a mortgage payments, child and spousal support payments, tax debts, and auto loan payments. You’ll continue to make these required payments throughout your plan. After you’ve subtracted your allowable monthly expenses and required payments, you’re left with your “disposable income.” That’s what you’ll have to contribute to your Chapter 13 plan each month. You’ll make payments to the Bankruptcy Trustee and they will distribute them among your creditors. Chapter 13 Eligibility Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual’s unsecured debts are less than $250,000 and secured debts are less than $750,000. 11 U.S.C. § 109(e). These amounts are adjusted periodically to reflect changes in the consumer price index. A corporation or partnership may not be a chapter 13 debtor. An individual must, within 180 days before filing, have received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. What debts aren’t discharged in Chapter 13 bankruptcy? As a general rule, the discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in 11 U.S.C. § 1328. The discharge in a chapter 13 case is somewhat broader than in a chapter 7 case. Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay nondischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings. 11 U.S.C. § 1328(a). Certain types of debts are nondischargeable in bankruptcy. Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor’s conviction of a crime. To the extent that they are not fully paid under the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. §§ 1328, 523(c); Fed. R. Bankr. P. 4007(c). What about repossession, foreclosure, and collections? Filing the petition under chapter 13 “automatically stays” (stops) most collection actions against the debtor or the debtor’s property. 11 U.S.C. § 362. Filing the petition does not, however, stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor. Chapter 13 also contains a special automatic stay provision that protects co-debtors. Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a “consumer debt” from any individual who is liable along with the debtor. 11 U.S.C. § 1301(a). Consumer debts are those incurred by an individual primarily for a personal, family, or household purpose. 11 U.S.C. § 101(8). Individuals may use a chapter 13 proceeding to save their home from foreclosure. The automatic stay stops the foreclosure proceeding as soon as the individual files the chapter 13 petition. The individual may then bring the past-due payments current over a reasonable period of time. Nevertheless, the debtor may still lose the home if the mortgage company completes the foreclosure sale under state law before the debtor files the petition. 11 U.S.C. § 1322(c). The debtor may also lose the home if he or she fails to make the regular mortgage payments that come due after the chapter 13 filing. Is Chapter 13 bankrkuptcy right for me? If you’re struggling with debts but you have a steady income, Chapter 13 bankruptcy may be a good option for you. The Chapter 13 process is complicated and difficult to navigate. Your payment plan must conform to specific rules and regulations and your creditors will fight every step of the way to get you to pa Immigration – Law Office of Gabriel S. Law Skip to content 510 N. 1st Street, Ste 221 San Jose, CA 95112 Se Habla Español Home Meet the Team Practice Areas Immigration Chapter 13 Bankruptcy Chapter 7 Bankruptcy Legal News Testimonials Contact Us Law Office of Gabriel S. Law > Practice Areas > Immigration Immigration law is a complex and always changing area of law. It is difficult to navigate without the experience of an attorney. Immigration Law The services we offer include, but are not limited to: NON-IMMIGRANT VISAS (NIVs) B-Visa: Visitors C-Visa: Transit F-Visa: Student J-Visa: Exchange Visitors K-Visa: Fiancee M-Visa: Vocational Student O-Visa: Aliens of Extraordinary Ability or Achievement P-Visa: Aliens of Extraordinary Ability–Artists, Athletes, and Entertainers R-Visa: Religious Worker S-Visa: Alien Witnesses and Informants T-Visa: Human Trafficking Victims U-Visa: Crime Victims V-Visa: Spouses and Minor Children of Lawful Permanent Residents IMMIGRANT VISAS Diversity Visa Immediate Relative Battered Spouse, Child, or Parent Widow(er) of U.S. Citizen Widow(er) of Armed Forces Member Special Needs Children Waivers of Inadmissibility PERMANENT RESIDENCE / CITIZENSHIP Adjustment of Status to lawful permanent residents Removal of Conditions of Residence Consular Processing of visas Naturalization Citizenship Exam Preparation REMOVAL DEFENSE Asylum, Withholding of Removal, and Protection under CAT Cancellation of Removal Criminal Removal Deportation Law Office of Gabriel S. Law We are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system Contact Us 510 N. 1st St, Ste 221 San Jose CA 95112 (408) 982-3036 [email protected] Map-Generator Copyright © 2023 Gabriel S Law - Produced by Project 100 Testimonials – Law Office of Gabriel S. Law Skip to content 510 N. 1st Street, Ste 221 San Jose, CA 95112 Se Habla Español Home Meet the Team Practice Areas Immigration Chapter 13 Bankruptcy Chapter 7 Bankruptcy Legal News Testimonials Contact Us Law Office of Gabriel S. Law > Testimonials I received very good services at GSL immigration Law. The attorney acted with a very professional demeanor. Through the services provided the attorney Gabriel was comprehensive about my situation and always remained true to me about my options and rights. – Laura P. I’m very pleased with my case. The attorney Gabriel and his assistant Mario were very serious about helping me. What I like the most is the attention that they gave me and my case. They made it their priority always to be available when I had questions. They answered all my questions and never left me with any doubts. They excelled in explaining the process about my case. – Isabel A. I’m very happy with my case and the services that I received in the office. The office puts in all their effort to help their clients win their case. They dedicate themselves 100% to the case and are determined to win. – Monserrat S. Everything went well and we completed our bankruptcy with no problems. We can not think of any way Gabriel could’ve done better for us! – Oracio C. I am very happy with my experience. The office answered all my concerns and I am thankful for their service. – Roberto Q. Law Office of Gabriel S. Law We are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system Contact Us 510 N. 1st St, Ste 221 San Jose CA 95112 (408) 982-3036 [email protected] Map-Generator Copyright © 2023 Gabriel S Law - Produced by Project 100 Contact Us – Law Office of Gabriel S. Law Skip to content 510 N. 1st Street, Ste 221 San Jose, CA 95112 Se Habla Español Home Meet the Team Practice Areas Immigration Chapter 13 Bankruptcy Chapter 7 Bankruptcy Legal News Testimonials Contact Us Se habla Espanol! Contact Info Address 510 North 1st St, Ste 221 San Jose ,CA 95112 Telephone (408) 982-3036 Fax (408) 931-6730 Email [email protected] Law Office of Gabriel S. Law We are dedicated to providing exemplary legal services to unite families, secure the rights of immigrants already in this country, and help the every day individual navigate the complex legal system Contact Us 510 N. 1st St, Ste 221 San Jose CA 95112 (408) 982-3036 [email protected] Map-Generator Copyright © 2023 Gabriel S Law - Produced by Project 100