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Blog Posts in 2013

46 results found. Viewing page 1 of 2. Go to page 1 2   Next

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 ...
Continue reading "Improving My Credit Score after Bankruptcy by Avoiding the Bad and Embracing the New" »

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 - File a Claim of Exemptions

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 - File a Claim of Exemptions" »

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 ...
Continue reading "Can A Credit Card Put A Lien on My Home?" »

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 ...
Continue reading "60 Day Rule To Object to Non-Dischargeability is Strict" »

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" »

Famous People Who Have Filed for Bankruptcy

Many famous politicians, inventors and entertainers faced financial problems and had to file for bankruptcy. These famous people faced different scenarios in life that resulted in financial struggles. ...
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I Forgot to List One of My Creditors In My Bankruptcy Case

It is not uncommon for a client to realize that they forgot to list one of their creditors after filing for bankruptcy. You may have forgotten to list one of your creditors for a number of reasons ...
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Should I Get A Pay Day Loan to Pay for My Bills?

In an emergency situation most families do not have enough of a safety cushion in savings to pay for unexpected expenses. A large portion of American families live pay check to pay check and fall ...
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The Important Concept of "Fraudulent Transfers" Explored in a New Local Appeals Court Ruling

On April 30, 2013, the federal Ninth Circuit Court of Appeals-which hears appeals of bankruptcy court decisions throughout the greater West Coast region including California-published an opinion ( In ...
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Do I Have to List All My Debts In My Bankruptcy?

As bankruptcy lawyers we often get asked the question "Do I Have to List All My Debts In My Bankruptcy?" . Some of the reasons that people have indicated for keeping a particular credit card ...
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Why Do I Have to Pay the Bankruptcy Attorney Before He Files My Case?

In almost all client meets the question comes up "Why Do I Have to Pay the Bankruptcy Attorney Before He Files My Case?" . When you decide that you need to file for Chapter 7 bankruptcy to protect ...
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