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Bankruptcy Blog

Filing Bankruptcy without Your Spouse in California, Part 2

In my last blog post I discussed how, in a community property state like California, property in a marriage is either "community property" or "separate property," and how those ...
Continue reading "Filing Bankruptcy without Your Spouse in California, Part 2" »

Filing Bankruptcy without Your Spouse in California, a Community Property State: Property Issues

IF BANKRUPT CY IS A FEDERAL COURT PROCEDURE, WHY DOES CALIFORNIA LAW MATTER? Even though the U.S. Constitution gives the federal government the power "to establish. . . uniform laws on the ...
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Can I Buy a Vehicle During a Chapter 13 Bankruptcy?

Chapter 13 "adjustment of debts" is an incredibly good tool for dealing with many situations, often much better than Chapter 7 "straight bankruptcy." If you owe income or property ...
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Four Potential Steps to Take in California against a Creditor Violating Fair Debt Collection Law

My last blog post was about what creditors and collection agents are allowed and are not allowed to do under the federal and California Fair Debt Collection Practices Acts. There is no doubt that some ...
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What Are the Ways that Creditors and Collection Agents May, and May NOT, Contact You in California?

WHAT DOES THE "FAIR DEBT COLLECTION PRACTICES ACT" SAY ABOUT THIS? To start, there are both a federal Fair Debt Collection Practices Act (FDCPA) and a California one (CFDCPA). They both ...
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What to Do If You Receive An "Order to Appear for Examination"?

WHY WOULD I GET AN "ORDER TO APPEAR FOR EXAMINATION" FROM A CREDITOR? You could get served with such a court order after a creditor sued you and got a judgment against you. Once a creditor ...
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Improving My Credit Score after Bankruptcy by Avoiding the Bad and Embracing the New

As you no doubt know, your credit score is important if you want or need to borrow money or make a credit purchase. Although some people understandably are wary about using credit after the traumatic ...
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How Can I Improve My Credit Score after Bankruptcy?

ISN'T MY CREDIT SIMPLY TRASHED FOR A LONG TIME WHEN I FILE BANKRUPTCY? Having a bankruptcy on your credit record does not mean that you have "no credit" during the period of time that ...
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Am I Disqualified from Filing Bankruptcy If My Income Is Too High?

It is extremely likely the amount of your income will not disqualify you from filing bankruptcy. Almost nobody who needs financial relief is disqualified from getting some kind of bankruptcy relief ...
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Can a Creditor Object to Me Filing Bankruptcy on Its Debt?

Yes, but they seldom do, because the legal grounds for them to do so are quite narrow. They usually don't have any basis upon which to object. IF BANKRUPTCY IS ABOUT GIVING ME A "FRESH ...
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What Stops a Creditor from Making Me Pay after My Bankruptcy is Finished?

WHAT IS THE LEGAL BASIS FOR PREVENTING A CREDITOR FROM CHASING ME ONCE THE BANKRUPTCY IS DONE? This question assumes that you complete your case successfully, that is, you receive a ...
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How to Stop a Bank Levy in California

When a creditor has obtained a judgment against you, one of the typical methods creditors use to collect on the judgment is a levy on a bank account. You will generally receive a Notice of Levy ...
Continue reading "How to Stop a Bank Levy in California" »

What Happens to a Creditor's Lawsuit Against Me If I File Bankruptcy?

WHAT HAPPENS IF I GET SUED BY A CREDITOR? In California, and in every other state, you have a certain limited amount of time to respond to a lawsuit by a creditor. It's generally 30 days from the ...
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Can I Stay with My Bank if I File for Bankruptcy?

If you have built a good relationship with your current bank or credit union you may be concerned about how your bankruptcy will affect your ability to continue with them. You may wish to maintain ...
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Can A Credit Card Put A Lien on My Home?

If you own a home, and have fallen behind on your credit cards or other unsecured debts you may be worried about what these creditors can do to collect on the debt. In many states, including ...
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Do I Have To Go to Court If I File for Bankruptcy?

Whe n you file for Chapter 7 or Chapter 13 bankruptcy you are required to attend a hearing called a 341 meeting of creditors. Thehearing does not happen in a courtroom before a judge, but in most ...
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How Does Income Affect A Seniors Qualification for Bankruptcy?

Th is continues my series of blogs about legal and practical considerations for older Californians, focusing today on income considerations. Note that most of today's blog will apply to people in ...
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60 Day Rule To Object to Non-Dischargeability is Strict

Bankruptcy rules make clear that if a creditor wants to object to the discharge (legal write-off) of a debt on the basis of the debtor's fraud, that objection has to be filed within 60 days of the ...
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Bankruptcy Court Trumps Federal Arbitration Clause

With $3.3 million in alleged damages against a Chapter 7 debtor at stake, in Ackerman v. Eber (In re Eber) , 687 F.3d 1123 (9th Cir. 2012) the U. S. Court of Appeals for the Ninth Circuit ruled in ...
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Special Debt Considerations for California Seniors Contemplating Bankruptcy

In my last blog I talked about how more and more older Americans are in financial distress, and touched on some of the reasons for this. This is certainly true here in California. In my experience ...
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Special Considerations for California Seniors Thinking about Bankruptcy

More Older Americans Are Filing Bankruptcy Accord ing to a study sponsored by the AAPR's Public Policy Institute called Generations of Struggle, the "average age for filing bankruptcy has ...
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The Effect of DOMA Being Struck Down: Same-Sex Marriage and Bankruptcy

The Supreme Court in a 5-4 Decision overturned provisions of the Defense of Marriage Act which defined marriage between a man and a women. The court found that DOMA violated provisions of the 5th ...
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Can The Bank Take My Money to Pay My Debt? The Right of Set-Off

If you have money in a bank account and you owe that same bank money on a credit card, loan or other type of debt, then the bank may have a right to take your funds. The "Right of Set Off" ...
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California Wildcard Exemption in Bankruptcy - How Is It Used?

When you file for bankruptcy in California, the law allows you to keep certain assets and property away from the reach of creditors. There are two sets of bankruptcy exemptions that are utilized in ...
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What Does it Take to Discharge a Student Loan in Bankruptcy? The Ninth Circuit Court of Appeals Just Helped Make it a Bit Easier

It is not easy to write off a student loan in bankruptcy. The Bankruptcy Code says it takes an "undue hardship," but does not define what that means. The courts have been trying to figure out what it ...
Continue reading "What Does it Take to Discharge a Student Loan in Bankruptcy? The Ninth Circuit Court of Appeals Just Helped Make it a Bit Easier" »

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