California Bankruptcy Blog http://www.socaladvocates.com/blog Chapter 7 and 13 Bankruptcy Information Wed, 22 May 2013 23:22:50 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 Why Do I Have to Pay the Bankruptcy Attorney Before He Files My Case? http://www.socaladvocates.com/blog/pay-bankruptcy-attorney-before-case-filing/ http://www.socaladvocates.com/blog/pay-bankruptcy-attorney-before-case-filing/#comments Wed, 22 May 2013 23:15:50 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=1053 When you decide that you need to file for Chapter 7  bankruptcy to protect yourself from creditors, in most cases you want to file right away.  The need to file right away is usually a result of creditor harassment, a pending lawsuit, wage garnishment or a pending foreclosure. You want relief from creditor action and [...]

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]]> http://www.socaladvocates.com/blog/pay-bankruptcy-attorney-before-case-filing/feed/ 0 Social Security Income Not Considered in Good Faith Inquiry http://www.socaladvocates.com/blog/social-security-not-income-in-bankruptcy/ http://www.socaladvocates.com/blog/social-security-not-income-in-bankruptcy/#comments Wed, 22 May 2013 00:00:14 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=1047 A recent 9th circuit decision is an important victory for debtors in the debate of whether Social Security income needs to be considered in calculating the Chapter 13 plan payments.  The decision found that Social Security income should not be considered when conducing a good faith analysis under 11 U.S.C. 1325(a). In the case of [...]

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]]> http://www.socaladvocates.com/blog/social-security-not-income-in-bankruptcy/feed/ 0 Saving Your Home from Foreclosure through Chapter 7 and Chapter 13 Bankruptcy http://www.socaladvocates.com/blog/stop-foreclosure-bankruptcy/ http://www.socaladvocates.com/blog/stop-foreclosure-bankruptcy/#comments Tue, 21 May 2013 22:03:03 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=1041 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. Through Chapter 7 If you are in a situation where you want to keep your home and your mortgage lender [...]

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]]> http://www.socaladvocates.com/blog/stop-foreclosure-bankruptcy/feed/ 0 What Are the Drawbacks of a Short Sale? http://www.socaladvocates.com/blog/short-sale/ http://www.socaladvocates.com/blog/short-sale/#comments Tue, 21 May 2013 20:13:11 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=1031 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 you expected. They Are Harder to Do than May First Appear In [...]

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]]> http://www.socaladvocates.com/blog/short-sale/feed/ 0 Bankruptcy’s Benefits and Limits for Stopping Child and Spousal Support Collections http://www.socaladvocates.com/blog/stop-child-and-spousal-support/ http://www.socaladvocates.com/blog/stop-child-and-spousal-support/#comments Fri, 03 May 2013 00:17:01 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=1019 The rules are clear. Chapter 7 does not help much with support obligations (other than freeing up more of your money to pay it). But Chapter 13 can help tremendously. Regular, Monthly Support Payments How much you must pay each month in child and/or spousal support is determined by state family court. Bankruptcy court is [...]

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]]> http://www.socaladvocates.com/blog/stop-child-and-spousal-support/feed/ 0 Stopping Collections from the IRS and FTB through Bankruptcy http://www.socaladvocates.com/blog/stopping-collections-from-irs-and-ftb/ http://www.socaladvocates.com/blog/stopping-collections-from-irs-and-ftb/#comments Sun, 21 Apr 2013 20:16:52 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=1010 The IRS and the FTB are—for some purposes—just like any other creditor. The “automatic stay”—the bankruptcy tool that stops the collection actions of virtually all of your creditors—applies just the same against your tax creditors. Are you currently being pursued by the tax authorities and are wondering how to get relief from them? Or you’re [...]

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]]> http://www.socaladvocates.com/blog/stopping-collections-from-irs-and-ftb/feed/ 0 Two Important Sets of Changes to Bankruptcy Dollar Amounts Just Went into Effect http://www.socaladvocates.com/blog/important-changes-to-bankruptcy-dollar-amounts-just-went-into-effect/ http://www.socaladvocates.com/blog/important-changes-to-bankruptcy-dollar-amounts-just-went-into-effect/#comments Sun, 21 Apr 2013 17:03:59 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=995 Coincidentally, two different sets of legal changes both became effective on April 1, 2013. One set of changes was to the state-by-state “median income” amounts. These affect whether or not you would qualify to file a Chapter 7 “straight bankruptcy” case, and also how long you would have to pay into a Chapter 13 “adjustment [...]

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]]> http://www.socaladvocates.com/blog/important-changes-to-bankruptcy-dollar-amounts-just-went-into-effect/feed/ 0 New Appeals Court Ruling Protects California Vehicles Used in Business http://www.socaladvocates.com/blog/avoid-lien-on-vehicle-used-as-tools-of-trade/ http://www.socaladvocates.com/blog/avoid-lien-on-vehicle-used-as-tools-of-trade/#comments Mon, 15 Apr 2013 06:36:15 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=947 Last month, an important court issued an opinion, applicable locally, that helps protect owners of vehicles who use their vehicle as a “tool of trade.” This opinion provides a good lesson for understanding how possessions that are important to you can be protected—in two distinct ways here—when filing bankruptcy. The Ninth Circuit Court of Appeals [...]

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]]> http://www.socaladvocates.com/blog/avoid-lien-on-vehicle-used-as-tools-of-trade/feed/ 0 Can An Incompetent Person File for Bankruptcy With a Power of Attorney? http://www.socaladvocates.com/blog/file-for-bankruptcy-with-power-of-attorney/ http://www.socaladvocates.com/blog/file-for-bankruptcy-with-power-of-attorney/#comments Mon, 25 Mar 2013 06:45:23 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=907 Power of Attorney and Filing for Bankruptcy For many families and individuals, medical problems have contributed to financial issues that now require them to file for bankruptcy. A person who has Alzheimer’s, dementia, or a mental disorder, may need to file for bankruptcy, but because of their medical  or mental condition, they may not have [...]

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]]> http://www.socaladvocates.com/blog/file-for-bankruptcy-with-power-of-attorney/feed/ 0 How to Find an Experienced Riverside Bankruptcy Lawyer? http://www.socaladvocates.com/blog/how-to-find-a-riverside-bankruptcy-lawyer/ http://www.socaladvocates.com/blog/how-to-find-a-riverside-bankruptcy-lawyer/#comments Wed, 20 Mar 2013 16:21:50 +0000 Norma Duenas http://www.socaladvocates.com/blog/?p=879 If you are considering bankruptcy as an option or would just like to consult a local Riverside bankruptcy attorney regarding your financial situation the first step is to find a reputable and knowledgeable attorney. An attorney with experience can guide you in the right direction and will explain what can be done to resolve your [...]

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