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Recent Posts in Creditors Category

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

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" »

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" »

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, ...
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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" »

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" »

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, ...
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Debts Owed on Your Checking and Savings Accounts

Special issues arise if you owe money to a bank or other financial institution on a checking or savings account because of a negative balance on that account. We'll explore some of the important ...
Continue reading "Debts Owed on Your Checking and Savings Accounts" »

What Can You Do If you Paid a Relative Money Before Filing for Bankruptcy?

If you have made a payment to a relative or friend for a debt then it may be treated as a preference. To learn more about preferences go to: Should I Pay Relatives Money I Owe Them Before Filing ...
Continue reading "What Can You Do If you Paid a Relative Money Before Filing for Bankruptcy?" »

Eliminating Checking and Savings Account Debt in Bankruptcy

Special issues arise if you owe money to a bank or other financial institution on a checking or savings account because of a negative balance on that account. We'll explore some of the important ...
Continue reading "Eliminating Checking and Savings Account Debt in Bankruptcy" »

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 Does the Statute of Limitations Work for Debt?

To start it helps to understand the purpose behind statutes of limitations. They are policy decisions by state legislatures intended to limit how long a person or business can pursue someone in court ...
Continue reading "How Does the Statute of Limitations Work for Debt?" »

Will My Co-Signer's Credit Be Affected If I File for Bankruptcy?

You may well be hesitant to file a bankruptcy case for your own benefit if that means trashing your co-signer's credit. The good news is you CAN protect the co-signer from bad marks about your ...
Continue reading "Will My Co-Signer's Credit Be Affected If I File for Bankruptcy?" »

My Mortgage Company Is Not Sending Me Statements After Bankruptcy?

When your file for bankruptcy, all of the debts, including your mortgage are listed in your bankruptcy. Even if you are keeping your house, you are still required to list your home and your mortgage ...
Continue reading "My Mortgage Company Is Not Sending Me Statements After Bankruptcy?" »

Four Potential Steps to Take in California against a Creditor Violating Fair Debt Collection Law

My last blog post was about what creditors and collection agents are allowed and are not allowed to do under the federal and California Fair Debt Collection Practices Acts. There is no doubt that some ...
Continue reading "Four Potential Steps to Take in California against a Creditor Violating Fair Debt Collection Law" »

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?" »

What to Do If You Receive An "Order to Appear for Examination"?

WHY WOULD I GET AN "ORDER TO APPEAR FOR EXAMINATION" FROM A CREDITOR? You could get served with such a court order after a creditor sued you and got a judgment against you. Once a creditor ...
Continue reading "What to Do If You Receive An "Order to Appear for Examination"?" »

Can a Creditor Object to Me Filing Bankruptcy on Its Debt?

Yes, but they seldom do, because the legal grounds for them to do so are quite narrow. They usually don't have any basis upon which to object. IF BANKRUPTCY IS ABOUT GIVING ME A "FRESH ...
Continue reading "Can a Creditor Object to Me Filing Bankruptcy on Its Debt?" »
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