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Riverside Office

11801 Pierce St.
Suite 200
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

3711 Long Beach Blvd.
Ste. 710
Long Beach, CA 90807
(562) 506-0016
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Los Angeles Office

515 S. Flower St.
36th Floor
Los Angeles, CA 90071
(213) 330-8999
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Recent Posts in California Category

Solving the Child/Spousal Support Dilemma

If you fall behind on child or spousal support in California, you can be hit by some super aggressive collection actions by your ex-spouse or support enforcement agency. Those actions can't be ...
Continue reading "Solving the Child/Spousal Support Dilemma" »

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" »

Creditor Reporting of Late Payments During Chapter 13 Does Not Violate Automatic Stay

WHAT IS THE "AUTOMATIC STAY"? The "automatic stay" is one of the most valuable benefits of filing bankruptcy. This law makes just about every act of a creditor to collect a debt ...
Continue reading "Creditor Reporting of Late Payments During Chapter 13 Does Not Violate Automatic Stay" »

Son's Juvenile Detention Costs Ruled Dischargeable in Chapter 7

THE FACTS Maria Rivera filed a Chapter 7 case in the Santa Ana Division of the bankruptcy court. She included among her debts $9,905 owed to the Orange County Probation Department for costs related to ...
Continue reading "Son's Juvenile Detention Costs Ruled Dischargeable in Chapter 7" »

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" »

Stop an Eviction in California through Bankruptcy

Filing a bankruptcy stops the eviction process in California, but only if it hasn't gone too far. The topic of today's blog post is how far is too far. A very recent appeals court ruling in a ...
Continue reading "Stop an Eviction in California through Bankruptcy" »

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 ...
Continue reading "Bankruptcy Solutions for Getting Back Your Repossessed Vehicle" »

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 ...
Continue reading "Can I Get My Repossessed Vehicle Back in California?" »

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?" »

Timing Issues for Passing the Means Test

WHAT'S THE MEANS TEST? The means test determines whether or not you qualify for Chapter 7 "straight bankruptcy." Those who don't pass the test are considered in the eyes of the law ...
Continue reading "Timing Issues for Passing the Means Test" »

Debts Caused By Driving Under the Influence

CAN I WRITE OFF CLAIMS AGAINST ME FROM A VEHICLE ACCIDENT? When you think of debts to be written off through bankruptcy, you likely think of credit cards, medical bills, vehicle loans, and ...
Continue reading "Debts Caused By Driving Under the Influence" »

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" »

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?" »

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" »

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" »

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?" »

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 ...
Continue reading "Car Operating Expense of $200 Not Allowed by 9th Circuit BAP" »

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 Are the Ways that Creditors and Collection Agents May, and May NOT, Contact You in California?

WHAT DOES THE "FAIR DEBT COLLECTION PRACTICES ACT" SAY ABOUT THIS? To start, there are both a federal Fair Debt Collection Practices Act (FDCPA) and a California one (CFDCPA). They both ...
Continue reading "What Are the Ways that Creditors and Collection Agents May, and May NOT, Contact You in California?" »

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