San Jose Bankruptcy Attorney
San Jose is the largest city in the Bay Area and the heart of Silicon Valley, but high wages in technology do not insulate everyone from debt. Lincoln Law serves San Jose and all of Santa Clara County by virtual consultation — video or phone — so you can meet with a California bankruptcy attorney from your home, without taking time off work. Your first consultation is free. Call 800-404-0018.
Financial Pressure in Silicon Valley
Santa Clara County’s economy is defined by technology, but the cost of living in San Jose rivals the highest in the world. A tech job layoff, an unexpected medical bill, a divorce, or the slow accumulation of credit card interest can overwhelm even households with above-median incomes. Many clients in San Jose come to us carrying both high income and high debt — a combination that affects which bankruptcy chapter makes sense.
Our California attorneys — including Carl R. Gustafson (a State Bar of California certified bankruptcy specialist), Andrew S. Gustafson, and associate Richard W. Suh — understand the Bay Area cost structure and can analyze your complete financial picture.
How We Serve San Jose
We serve San Jose, Sunnyvale, Santa Clara, Milpitas, Los Gatos, Campbell, and the surrounding communities by video or phone. Call 800-404-0018 or use the link below to schedule your free consultation.
Our Pleasant Hill office (1525 Contra Costa Blvd, Pleasant Hill, CA 94523, (925) 500-4777) is approximately 35 miles from San Jose via Interstate 680. Clients who need to mail or drop off documents may use that office. Our Hayward office (24301 Southland Dr Ste 214B, Hayward, CA 94545, (510) 931-4220) is roughly 20 miles from downtown San Jose. No office visit is required to file your case.
Where Your Case Is Filed
San Jose and Santa Clara County cases are filed in the United States Bankruptcy Court for the Northern District of California, San Jose Division. The San Jose courthouse is at 280 South First Street, San Jose, CA 95113. Santa Clara County falls within the San Jose Division under the court’s local rules.
The district is served by U.S. Trustee Region 17. The 341 meeting of creditors is held by Zoom video conference for Chapter 7 and Chapter 13 cases filed on or after May 1, 2024. The meeting is typically brief, and your attorney prepares you beforehand. Audio-only access is available when the trustee approves it for participants who cannot attend by video.
California Homestead Exemption — Santa Clara County
California’s homestead exemption is set by California Code of Civil Procedure § 704.730. The exemption equals the greater of: (1) the prior calendar year’s median single-family home sale price in your county, or (2) a statutory floor ($361,076 for 2025), capped at a ceiling ($722,507 for 2025). Both figures adjust annually for inflation.
Santa Clara County is one of the highest-cost real estate markets in the country, with median single-family sale prices far exceeding the cap. As a result, most San Jose homeowners have a homestead exemption near the 2025 cap of $722,507. This means a significant amount of home equity may be shielded in bankruptcy. The exact figure adjusts each year; confirm the current amount with your attorney before filing.
For San Jose residents with significant equity, this exemption is crucial to understanding how Chapter 7 would affect your home. Chapter 13 may also let you reorganize and retain the home while catching up on arrears.
Chapter 7 vs. Chapter 13 for San Jose Residents
Chapter 7 eliminates most unsecured debts through a court discharge. A typical consumer case closes within four to six months. To qualify, your household income must fall below the California median for your household size, or pass the means test. For many technology workers, income level means Chapter 7 requires careful analysis.
Chapter 13 allows you to repay some debts over three to five years while keeping your property and stopping collection actions. It is commonly used by high-income earners who do not qualify for Chapter 7, homeowners behind on mortgage payments, and people who need to manage priority debts (like back taxes) in a structured way.
Start Your Free Consultation
Call 800-404-0018 to speak with a California bankruptcy attorney at no cost. We serve San Jose, Sunnyvale, Santa Clara, Milpitas, and all of Santa Clara County.
Learn about Chapter 7 bankruptcy and Chapter 13 bankruptcy. Visit Our Offices or schedule your free consultation.
Free Consultation — San Jose and Santa Clara County
Speak with a California bankruptcy attorney by video or phone. Free, confidential, and no office visit required. Carl R. Gustafson is a State Bar of California certified bankruptcy specialist.
Call 800-404-0018We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Attorney responsible for this website: Andrew S. Gustafson, Pleasant Hill, California.
Sources
- U.S. Trustee Region 17 — Section 341 Meeting Information: https://www.justice.gov/ust-regions-r17/region-17-section-341-meetings
- U.S. Bankruptcy Court, Northern District of California: https://www.canb.uscourts.gov
- California Code of Civil Procedure § 704.730: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=704.730
- 2025 inflation-adjusted homestead amounts ($361,076 floor, $722,507 cap), American Bankruptcy Institute: https://www.abi.org/node/476516
- American Bankruptcy Institute — California Homestead Exemption Analysis: https://www.abi.org
Related Reading
- California Bankruptcy Exemptions: System 704 vs. System 703 — how to choose the right exemption system for your Bay Area situation
- California Bankruptcy Attorneys — Pleasant Hill and Hayward offices, Bay Area virtual consultations
Frequently Asked Questions
I earn a good salary in tech but have large credit card and medical debt. Can I file?
Yes. Both Chapter 7 and Chapter 13 are available to people with higher incomes. Chapter 7 requires passing the means test; Chapter 13 is available regardless of income level. Your attorney will determine which chapter gives you the best outcome.
Does Lincoln Law have an office in San Jose?
We do not have an office in San Jose. We serve Santa Clara County clients by virtual consultation. The nearest offices are in Hayward (roughly 20 miles) and Pleasant Hill (roughly 35 miles), available for document drop-off by appointment.
Will my equity in my San Jose home be protected in bankruptcy?
California's homestead exemption protects a substantial amount of home equity — $722,507 for 2025, with the figure adjusting annually. Whether your equity is fully protected depends on your specific equity position and which chapter you file. Your attorney will analyze this before you file.
Can bankruptcy stop a wage garnishment from my San Jose employer?
Yes. The automatic stay, which takes effect the moment your case is filed, stops most wage garnishments. Your employer receives a court notice to stop the withholding.
