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Riverside, CA 92505
(951) 241-8070
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27570 Commerce Center Dr.
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Temecula, CA 92590
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Orange Office

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(562) 506-0016
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Los Angeles, CA 90071
(213) 330-8999
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Bankruptcy Blog

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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Can You Discharge An SBA Loan in Bankruptcy?

Yes, SBA loans can be discharged just like any other business loan. (This assumes that the loan was not incurred fraudulently, for example, through misrepresentations on the credit application; if so ...
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How to Keep Your Tax Refund In a Chapter 13 Bankruptcy?

If you are anticipating a tax refund in a Chapter 13 bankruptcy, is there a way to keep this refund for unexpected expenses? In a Chapter 13 bankruptcy you are pledging all of your disposable income ...
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Will My Co-Signer's Credit Be Affected If I File for Bankruptcy?

You may well be hesitant to file a bankruptcy case for your own benefit if that means trashing your co-signer's credit. The good news is you CAN protect the co-signer from bad marks about your ...
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Car Operating Expense of $200 Not Allowed by 9th Circuit BAP

The Bankruptcy Appellate Panel of the 9th Circuit recently rejected the argument that deducting the $200 older vehicle expense was allowable. The BAP in In Re Leudtke founds that the IRS National and ...
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What Should I Expect At My Reaffirmation Hearing?

When you sign a reaffirmation agreement for a secured debt or any other debt, the matter will be set for hearing if your attorney did not sign the agreement. Many attorneys will not sign a ...
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Do I Have to Reaffirm My Vehicle in California?

In California, and in all of the states bordering California as well as much of the rest of the country, a vehicle lender has the right to repossess a vehicle as soon as the bankruptcy is completed ...
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Reaffirming Your Vehicle in A Chapter 7

WHAT'S A REAFFIRMATION AGREEMENT? If you have loan on your vehicle and the lender is a lienholder on your vehicle's title, and you are thinking about filing bankruptcy, you need to know about ...
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My Credit Report Does Not Show Mortgage Payments After Bankruptcy

After filing for bankruptcy, you may have noticed that your monthly mortgage payments are not being listed on your credit report. Instead you will see the account listed as "Included in ...
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Can a Tax Refund Be Taken for Military Star Card

If you are in default on your military star card then the Internal Revenue Service may take your tax refund to pay off your debt. As part of the Treasury Offset Program, your tax refund can be taken ...
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Your Tax Refund Can Be Taken If You Owe Certain Debts

If you are counting on getting your federal income tax refund this tax season, you can't be so sure that you will if you owe one any of a long list of debts. 100% of your tax refund could be ...
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My Mortgage Company Is Not Sending Me Statements After Bankruptcy?

When your file for bankruptcy, all of the debts, including your mortgage are listed in your bankruptcy. Even if you are keeping your house, you are still required to list your home and your mortgage ...
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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 ...
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