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11801 Pierce St.
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Riverside, CA 92505
(951) 241-8070
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Temecula Office

41690 Enterprise Circle N.
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Temecula, CA 92590
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Orange Office

2112 E. Fourth St.
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Santa Ana, CA 92705
(866) 337-7220
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Long Beach Office

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Los Angeles Office

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Los Angeles, CA 90071
(213) 330-8999
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Bankruptcy Blog

10 Ways Bankruptcy Solves Tax Problems

If you owe a lot of income taxes, you may have wondered whether bankruptcy can help you deal with this special kind of debt. There's a good chance that you have misconceptions about whether and ...
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In Bankruptcy, Is Jointly Titled Property Community Property?

THE COMMUNITY PROPERTY DILEMMA Let's flesh out the question stated in the title: In California, a community property state, if a married couple buys an asset during their marriage in which the ...
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Chapter 13 Can Help Your Co-Signer and Protect Them

WHAT ARE THE SPECIAL CHALLENGES WITH CO-SIGNED DEBTS? Co-signed debts present a number of issues if you are thinking about filing bankruptcy. First, there are risks in paying co-signed debts (or ...
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Discriminating in Favor of Co-Signed Debts

In a recent blog post I said that a Chapter 13 payment Plan can pay a co-signed debt in full, including interest, while paying little or nothing to the other "general unsecured" creditors. ...
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Can Creditors Pursue Me for Debts of My Deceased Spouse?

Because California is a “community property” state, in general both spouses are legally liable on the debts incurred by either spouse during a marriage. This means that, again in general, ...
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Debt Owed by Contractor to Homeowners Was Fraud and Non-Dischargeable

As I regularly review court cases to keep up on the law, I often run into ones that provide a good way to help my readers understand some important aspect of bankruptcy. Today's blog post does ...
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Avoiding an Administrative Freeze on Your Bank Account

WHAT'S AN "ADMINISTRATIVE FREEZE" OF A BANK ACCOUNT? I discussed bank administrative freezes in a very recent article called Court of Appeals Allows "Administrative Freeze" . ...
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Can Stores Enforce Their Credit Card Security Agreements in California

In a recent blog post I addressed the question, "Can Stores Repossess What You Bought with the Store Card?" The basic answer was that they can if their store credit card contract gave them a ...
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Court of Appeals Allows "Administrative Freeze"

AREN'T CREDITORS USUALLY PREVENTED FROM TOUCHING YOUR BANK ACCOUNT ONCE YOU FILE BANKRUPTY? Yes. The powerful federal law called the "automatic stay" strictly forbids your creditors from ...
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A Chapter 13 Plan Can Help You Deal with Secured Personal Property

The Advantages under Chapter 13 of Dealing with Creditors Secured by Personal Property Collateral This last summer I wrote in this Bankruptcy Blog about " Reaffirming Personal Property Other Than ...
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Discharging Taxes - What Does it Mean to Willfully Evade Taxes?

WHAT DOES IT TAKE TO “WILLFULLY. . . EVADE OR DEFEAT” AN INCOME TAX? A couple months ago the Ninth Circuit Court of Appeals (which serves all of California and much of the West) ruled that ...
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Can Stores Repossess What You Bought With The Store Card?

Do Credit Card and “Store Card” Creditors Have a Right to Repossess What You Bought on Those Cards After You File Bankruptcy? A few months ago I wrote about “ Reaffirming Personal ...
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Can The Bank Take Money From My Account to Pay What I Owe Them?

Your financial institution can take your money on deposit because of its right of setoff. WHAT IS A SETOFF ? When you think of money being grabbed out of somebody's checking or savings account, ...
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What to Do If You Have Been Denied a Checking or Savings Account

A couple months ago I wrote a blog post titled Eliminating Checking and Savings Account Debt in Bankruptcy. In it I introduced the specialty consumer reporting agencies—ChexSystems and Early ...
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Debts Owed on Your Checking and Savings Accounts

Special issues arise if you owe money to a bank or other financial institution on a checking or savings account because of a negative balance on that account. We'll explore some of the important ...
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What Can You Do If you Paid a Relative Money Before Filing for Bankruptcy?

If you have made a payment to a relative or friend for a debt then it may be treated as a preference. To learn more about preferences go to: Should I Pay Relatives Money I Owe Them Before Filing ...
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Should I Pay Relatives Money I Owe Them Before Filing Bankruptcy?

Prior to filing for bankruptcy you should avoid paying relatives and friends any money owed to them. Paying them any money owed prior to filing for bankruptcy can be treated as a ...
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Eliminating Checking and Savings Account Debt in Bankruptcy

Special issues arise if you owe money to a bank or other financial institution on a checking or savings account because of a negative balance on that account. We'll explore some of the important ...
Continue reading "Eliminating Checking and Savings Account Debt in Bankruptcy" »

What is the Statute of Limitations for Debt in California?

IN CALIFORNIA HOW LONG IS THE STATUTE OF LIMITATION ON A DEBT? That simple question has a rather simple answer: 4 years on a claim for breach of a written contract. That's plainly stated in ...
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How Does the Statute of Limitations Work for Debt?

To start it helps to understand the purpose behind statutes of limitations. They are policy decisions by state legislatures intended to limit how long a person or business can pursue someone in court ...
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Refinancing Your Mortgage After Bankruptcy

REFINANCING YOUR MORTGAGE AFTER FILING BANKRUPTCY Contrary to a common misunderstanding, filing bankruptcy can often improve your credit record instead of harm it. This is true for a number of reasons ...
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Reaffirming a Mortgage in California -What Are the Advantages and Disadvantages

A couple months ago I discussed why My Mortgage Company Is Not Sending Me Statements After Bankruptcy, and why My Credit Report Does Not Show Mortgage Payments After Bankruptcy. Both of these ...
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Reaffirming Personal Property Other Than Your Vehicle

I've written here recently about how to keep your vehicle that you owe money on when filing a Chapter 7 "straight bankruptcy" case. See my previous blog posts Reaffirming Your Vehicle in ...
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Paying Less For Your Vehicle In A Chapter 13 Cramdown

A Chapter 13 bankruptcy allows you to pay less for your vehicle by cramming down the value of your vehicle to the fair market value. HOW DOES "CRAMDOWN" IN A CHAPTER 13 WORK? If you owe more ...
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Do I Have to File Personal or Business Bankruptcy?

Whether you or your business needs to file for bankruptcy is not always clear cut? There are a number of factors that can affect whether you or your business should file for bankruptcy. These include ...
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