Colby LaVelle

Colby Dean LaVelle II proudly manages LaVelle Law Offices with the personal attention of a boutique law firm but with the resources of larger law firms. An honored graduate of Santa Clara University of Law, Mr. LaVelle has dedicated his career to the pursuit of justice. He began his legal career working for the San Francisco District Attorney's Office. Following his success litigating criminal matters, Mr. LaVelle started the LaVelle Law Offices. Now with eight locations across California, The LaVelle Law Offices is an incarnation of Mr. LaVelle's desire to serve the public, as he did so aptly in his role with the District Attorney.

Santa Clara University School of Law

J.D. | Law

Managing Attorney

The LaVelle Law Offices

Current

A Rating & Accredited

Better Business Bureau

California State Bar  # 316277

Current

Alameda County Bar Association

Current

San Francisco Bar Association

Current

National Association of Consumer Bankruptcy Attorneys (NACBA)

Current

California

• Free Consultation
  We gladly offer a free consultations.
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  Our Chapter 7 attorney fees for a single filer are typically $1195 plus court fees.

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Q. I need to know if I can file a Chapter 7 bankruptcy.

2 February 2021

A: Firstly, it doesn't "prevent" you from filing a chapter 7. You may file a chapter 7, but the issue becomes whether it is an abuse of the bankruptcy process to allow someone who has $500 left over each month in their budget to simply write off the entirety of their debts. The court/trustee may point to your disposable income and say that you should be in a chapter 13 case, paying $500 a month to your creditors for a period of 3 years. I would suggest that you speak with a bankruptcy attorney and together you can review your budget to be sure you are considering all your "allowed" expenses and also that you are properly accounting for all of your income (for example, you may not be allowed to include certain retirement contributions, so you have to be careful in subtracting those amounts from your income when factoring in your available income). A few monthly expenses that sometimes get overlooked are medical expenses (deductibles, copays, medications, dentists, optometrists), costs of owning a pet (vet bills food), car maintenance expenses (does your car need repair/regular maintenance), transportation costs such as uber/public transportation, a small amount for entertainment...and there are many more necessary and reasonable expenses. You can see by these examples that there are many complications when it comes to determining your income and expenses as it relates to bankruptcy filing, so it can be quite helpful to work with an attorney who deals with these issues every day.

Q. Will Chapter 7 Trustee tries to sell my property if I have equity little more than the homestead exemption amount?

18 August 2020

A: Home listing sites like ZIllow.com and Realtor.com are a great starting point for home value and especially for comparable sales in your area (you can sort recent sales on Relator.com and then look for homes similar to yours in size and specs), but this data is not a substitute for getting an actual appraisal prior to filing bankruptcy. I recommend that my clients who own homes get a professional appraisal. It is critical to protecting your home that you understand the amount of equity that you have.