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Recent Posts in Assets Category

39 results found. Viewing page 1 of 2. Go to page 1 2   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 ...
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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. ...
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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 ...
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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?" »

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 ...
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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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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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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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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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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 ...
Continue reading "Reaffirming a Mortgage in California -What Are the Advantages and Disadvantages" »

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 ...
Continue reading "Reaffirming Personal Property Other Than Your Vehicle" »

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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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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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 ...
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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 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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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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Saving Your Home from Foreclosure through Chapter 7 and Chapter 13 Bankruptcy

The two main consumer bankruptcy options can help prevent the foreclosure of your home. Filing a Chapter 7 case can help a little, but maybe enough. Chapter 13 can provide a great deal of help. ...
Continue reading "Saving Your Home from Foreclosure through Chapter 7 and Chapter 13 Bankruptcy" »

What Are the Drawbacks of a Short Sale?

A short sale is often the only way to sell your home if you owe more on it than it's worth. But they are usually harder than you think to pull off and you have to be very careful to get the results ...
Continue reading "What Are the Drawbacks of a Short Sale?" »
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