The Value of the Automatic Stay
Filed under: Asset Protection, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Foreclosure, Uncategorized
Millions of Americans continue to labor under the pressure of mounting debt while struggling to find employment in a job market that continues to be sluggish. Many people feel the stress and pressure of sinking deeper into debt and feel trapped. The tactics employed by creditors to enforce a debt can become increasingly oppressive including [...]
Can You Be Sued For Credit Card Debt?
When you fall behind on your credit card debt your creditors have several options available to collect on the debt. One of the options is filing a lawsuit to collect on the debt. Credit card companies have the option to sue you in court to try to collect on the debt. When and if a [...]
How Are 401K Loans Treated In A Bankruptcy?
Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy
Most people who are experiencing financial difficulties have tapped into their retirement plans to try to catch up on mortgage payments, medical bills or credit card debt. Borrowing against your 401K retirement, will require that you pay the amount back over a period of time in order to avoid penalties. What happens when you have [...]
Are Attorney’s Fees from a Divorce Dischargeable in Bankruptcy?
A lot of the clients that come in to our office have not only experienced a loss of a job, illness or disability, but many times they are in the process of either getting a divorce or have already gone through a divorce or separation. Many clients find themselves with a huge debt from attorneys [...]
Are Property Settlement Agreements Dischargeable in Bankruptcy?
If you have been through a divorce and there was some assets involved then chances are that you entered into a property settlement agreement. As part of your agreement you may have had to provide a payment to your ex-husband or ex-wife over the course of time or in a lump sump payment after the [...]
Can Bankruptcy Get Rid of Divorce Debt from a Hold Harmless Clause?
What happens when you agree to pay the debt of your ex-wife or ex-husband as part of your divorce decree? What if you can’t pay the debt and you want to file for bankruptcy. Can you get rid of the debt as part of the bankruptcy? The answer depends on what type of bankruptcy you [...]
Public Notice of Bankruptcy Filing
Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy
Most people who are filing for bankruptcy are concerned about having relatives or neighbors know that they are filing for bankruptcy because of the bankruptcy being a public record. This is very unlikely since it is rarely reported in newspapers and access to the public records generally requires access to PACER a system on which [...]
Discharging EDD Overpayments in Bankruptcy
In bankruptcy generally you can discharge the edd unemployment overpayment but many courts find that the unemployment insurance overpayment can be recouped after bankruptcy. This means that if later on you seek unemployment benefits they can withhold from your benefits the overpayment until it is fully paid back. In a sense this means that although [...]
What Happens to My Tax Refund in a Chapter 13 Bankruptcy?
You may look forward to receiving your tax refund in the hopes of covering any necessary or emergency expenses that have come up throughout the year. If you are in a Chapter 13 bankruptcy you may think that keeping your tax refund is necessary to help you cover needed family expenses. Unfortunately, most trustees in [...]
Author
Norma Duenas, Esq.
