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Recent Posts in Asset Protection Category

53 results found. Viewing page 1 of 3. Go to page 1 2 3   Next

Avoid Having to Sell Home to Prevent Foreclosure

Your home is likely your biggest asset, and your mortgage your biggest debt. Whatever you do with that asset and that debt has a big effect on your present and future financial life. If you are having ...
Continue reading "Avoid Having to Sell Home to Prevent Foreclosure" »

Why You Should Not Delay Filing for Bankruptcy

As a bankruptcy lawyer I want to help my clients resolve their financial situation and eliminate their debts. One of the largest frustrations I encounter is when a client can't use the bankruptcy ...
Continue reading "Why You Should Not Delay Filing for Bankruptcy" »

Can You Claim a Homestead Exemtpion If You Are Not Living in the Home?

The homestead exemption determines how much equity in your home you can protect from your creditors. When you file bankruptcy in California, usually California statutes determine the amount of your ...
Continue reading "Can You Claim a Homestead Exemtpion If You Are Not Living in the Home?" »

Increase in Homestead Exemption for Recently Acquired Homes in California

WHAT ARE PROPERTY "EXEMPTION" LAWS IN BANKRUPTCY? When you file a bankruptcy case, your property and possessions are protected through a set of "exemptions" under California law. ...
Continue reading "Increase in Homestead Exemption for Recently Acquired Homes in California" »

Bankruptcy Solutions for Getting Back Your Repossessed Vehicle

My last blog post detailed two ways under California law that you can get your vehicle back AFTER it's been repossessed. One involves "reinstatement" of the loan—catching up on the ...
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Can I Get My Repossessed Vehicle Back in California?

CAN I GET BACK MY VEHICLE UNDER CALIFORNIA LAW WITHOUT BANKRUPTCY? Possibly. Here's what happens after the repossession. Although there is no required prior notice of repossession, after the ...
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Can Bankruptcy Stop the Repossession of My Vehicle?

DOES BANKRUPTCY STOP VEHICLE REPOSSESSION? Certainly. The "automatic stay" is the name of the federal law that stops virtually all collection actions by creditors against you. It also ...
Continue reading "Can Bankruptcy Stop the Repossession of My Vehicle?" »

When Can I Use California's Property Exemptions If I've Moved Here?

My last blog asked how long you need to live in California before being able to file bankruptcy here. In general you must live here for at least 91 days. I ended that blog post saying that ...
Continue reading "When Can I Use California's Property Exemptions If I've Moved Here?" »

The Risks of Using a Paralegal to File for Bankruptcy

DO I NEED LEGAL ADVICE WHEN DECIDING TO FILE BANKRUPTCY? The decision whether or not to file bankruptcy is your first step towards your entire financial future. You need to know the consequences one ...
Continue reading "The Risks of Using a Paralegal to File for Bankruptcy" »

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" »

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" »

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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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" »

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

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 ...
Continue reading "Can Stores Repossess What You Bought With The Store Card?" »

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, ...
Continue reading "Can The Bank Take Money From My Account to Pay What I Owe Them?" »

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 ...
Continue reading "What is the Statute of Limitations for Debt in California?" »

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 ...
Continue reading "How to Keep Your Tax Refund In a Chapter 13 Bankruptcy?" »

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 ...
Continue reading "What Should I Expect At My Reaffirmation Hearing?" »

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 ...
Continue reading "Your Tax Refund Can Be Taken If You Owe Certain Debts" »

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 ...
Continue reading "Filing Bankruptcy without Your Spouse in California, a Community Property State: Property Issues" »

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 ...
Continue reading "What Stops a Creditor from Making Me Pay after My Bankruptcy is Finished?" »

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" »
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