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Recent Posts in Chapter 13 Bankruptcy Category

122 results found. Viewing page 1 of 5. Go to page 1 2 3 4 5   Next

Who is a Non-Statutory Insider for Preference Purposes?

My last blog post discussed what a "preference" is and how to prevent or defend a bankruptcy trustee attempt to take back, or "avoid," such a preference. Very briefly, a preference ...
Continue reading "Who is a Non-Statutory Insider for Preference Purposes?" »

Preventing or Defending a Preference Challenge by the Bankruptcy Trustee

Preventing or Defending a Preference Challenge by the Bankruptcy Trustee Dealing with a trustee's preference challenge can be one of the more frustrating aspects of your bankruptcy case. Most ...
Continue reading "Preventing or Defending a Preference Challenge by the Bankruptcy Trustee" »

SBA Loans and the Statute of Limitations

IS THERE A STATUTE OF LIMITATIONS ON THE COLLECTION OF SBA LOANS? Yes, there is. The U.S. Government has 6 years to sue you under a contract, such as an SBA loan contract. Under a federal statute more ...
Continue reading "SBA Loans and the Statute of Limitations" »

Educational Debts that Can Be Discharged in Bankruptcy

AREN'T STUDENT LOANS NOT ABLE TO BE DISCHARGED IN BANKRUPTCY? Student loans are generally difficult to discharge—legally write off—in bankruptcy. Most of the time you have to prove ...
Continue reading "Educational Debts that Can Be Discharged in Bankruptcy" »

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" »

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" »

Filing Bankruptcy and My Security Clearance

WILL FILING BANKRUPTCY CAUSE PROBLEMS WITH MY SECURITY CLEARANCE? The short answer is that the filing of a bankruptcy case itself will not affect your security clearance. However, the reasons that a ...
Continue reading "Filing Bankruptcy and My Security Clearance" »

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" »

Discharging Student Loans related to ITT Technical Institute's Closing

In early September, ITT Educational Services announced that it was immediately closing all 136 of its ITT Technical Institute branches nationwide. This included 9 in Southern California. As of late ...
Continue reading "Discharging Student Loans related to ITT Technical Institute's Closing" »

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" »

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?" »

Social Security Act Benefits Exclusion is Broadened by the 9th Circuit BAP

THE ROLE OF "CURRENT MONTHLY INCOME" IN CHAPTER 13 Whether or not a particular source of a debtor's incoming funds is considered part of his or her "current monthly income" can ...
Continue reading "Social Security Act Benefits Exclusion is Broadened by the 9th Circuit BAP" »

Where Should My Bankruptcy Case Be Filed?

This is one of those questions that has a very easy answer, for most people. But then can get more complicated for others. I'll start by making clear that this blog post is about people filing ...
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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" »

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" »

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" »

Recent Credit Card Charges and Cash Advances in Bankruptcy

Most debts are discharged—legally, permanently written off—if you file a consumer bankruptcy case. But there are some exceptions. In today's blog post I address one kind of debt that ...
Continue reading "Recent Credit Card Charges and Cash Advances in Bankruptcy" »

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?" »

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" »
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