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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.
Ste. 202
Temecula, CA 92590
(951) 294-5471
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Orange Office

2112 E. Fourth St.
Ste. 103
Santa Ana, CA 92705
(866) 337-7220
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Long Beach Office

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Long Beach, CA 90807
(562) 506-0016
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Los Angeles Office

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Los Angeles, CA 90071
(213) 330-8999
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Blog Posts in 2015

After Acquired Interest Not Part of The Bankruptcy Estate

When you file a bankruptcy case, everything you own becomes your "bankruptcy estate." In a large majority of Chapter 7 bankruptcy cases everything in the "estate" is ...
Continue reading "After Acquired Interest Not Part of The Bankruptcy Estate" »

Chapter 13 Plan Can Delay Payments to Secured Creditor If No Objection

A very recent Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruling gave debtors a little more leverage in how they pay their secured debts in a Chapter 13 "adjustment of debts" ...
Continue reading "Chapter 13 Plan Can Delay Payments to Secured Creditor If No Objection" »

No Discharge Needed to Lien Strip a Mortgage

In a recent case called In re Boukatch, the Bankruptcy Appellate Panel for the Ninth Circuit (which includes California and much of the western part of the country) was faced with whether a ...
Continue reading "No Discharge Needed to Lien Strip a Mortgage" »

When Can I Buy a Home After Bankruptcy?

Being able to purchase a home after bankruptcy is a major concern for many families. There is a lot of misinformation that has created the impression that filing for bankruptcy will make it nearly ...
Continue reading "When Can I Buy a Home After Bankruptcy?" »

When Can I Buy a Home After A Foreclosure?

There are many misconceptions about how long you have to wait after a home foreclosure to be able to buy and finance a home. You may have heard that you have to wait 7 years. Some people even believe ...
Continue reading "When Can I Buy a Home After A Foreclosure?" »

Lien Stirpping Allowed in Chapter 20

In a recent case called In re Boukatch, the Bankruptcy Appellate Panel for the Ninth Circuit (which includes California and much of the western part of the country) was faced with whether a ...
Continue reading "Lien Stirpping Allowed in Chapter 20" »

Employer Can Discharge Debt Owed to Employee Benefits Trust

The Bankruptcy Code says that a debtor cannot discharge (legally write off) debts arising from the debtor's "fraud or defalcation while acting in a fiduciary capacity." See 11 U.S.C. ...
Continue reading "Employer Can Discharge Debt Owed to Employee Benefits Trust" »

Automatic Stay and Multiple Bankruptcy Filings

WHAT'S THE "AUTOMATIC STAY" AND WHY IT'S SO IMPORTANT The "automatic stay" stops creditors from pursuing you and your assets as of the moment your bankruptcy case is filed, ...
Continue reading "Automatic Stay and Multiple Bankruptcy Filings" »

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 ...
Continue reading "10 Ways Bankruptcy Solves Tax Problems" »

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 ...
Continue reading "In Bankruptcy, Is Jointly Titled Property Community Property?" »

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 ...
Continue reading "Chapter 13 Can Help Your Co-Signer and Protect Them" »

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. ...
Continue reading "Discriminating in Favor of Co-Signed Debts" »

Can Creditors Pursue Me for Debts of My Deceased Spouse?

Because California is a “community property” state, the community property is liable for the debts incurred by either spouse during a marriage. This means that, again in general, after the ...
Continue reading "Can Creditors Pursue Me for Debts of My Deceased Spouse?" »

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 ...
Continue reading "Debt Owed by Contractor to Homeowners Was Fraud and Non-Dischargeable" »

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" . ...
Continue reading "Avoiding an Administrative Freeze on Your Bank Account" »

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 ...
Continue reading "Can Stores Enforce Their Credit Card Security Agreements in California" »

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 ...
Continue reading "Court of Appeals Allows "Administrative Freeze"" »

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 ...
Continue reading "A Chapter 13 Plan Can Help You Deal with Secured Personal Property" »

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 ...
Continue reading "Discharging Taxes - What Does it Mean to Willfully Evade Taxes?" »

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