At the beginning of this year (2021) the amount of home equity a California homeowner can protect from his or her creditors greatly increased. See our blog post, Huge Increase in California Homestead Exemption, about this. This new greater protection of home equity makes understanding the federal Bankruptcy Code’s limitations on homestead exemptions all the […]
California’s Homestead Exemption- Are You Required to Reside in the Home?
The California Homestead Exemption’s Requirements of Residing in the Home and Intending to Continue Doing So The California homestead exemption amount’s huge increase at the beginning of 2021 has made it all the more important to understand when the exemption does apply to a home and when it does not. A number of practical issues […]
The Truth about Bankruptcy and Your Credit Report
How does filing bankruptcy affect your credit report? To answer this we need to understand 1) some facts and 2) how those facts apply to your life. To give you an idea where this is going, the truth is that it depends on your situation. But if you’re like many people with challenging finances, filing […]
Protecting California Workers’ Compensation in Bankruptcy
How can you protect your California Workers’ Compensation in bankruptcy? You’re hurting financially and thinking about filing bankruptcy. Let’s assume a big part of the reason you’re in financial trouble is that you were hurt at work. You either have a workers’ compensation claim pending or it’s been resolved and you’re getting benefits. You want […]
New Huge Increase in California Homestead Exemption
Huge Increase in California Homestead Exemption The homestead exemption protects a specific dollar amount of a homeowner’s home equity from his or her creditors. In California, the California homestead exemption amount of protection is substantially increasing as of January 1, 2021. This increase in protection makes it much more likely that homeowners in financial difficulty […]
Does Filing Bankruptcy Stop a Rental Eviction?
Filing for bankruptcy can slow down or stop an eviction process. It is important that you file bankruptcy prior to a judgment for eviction being entered.
The Domestic Relations Exceptions to the Automatic Stay
The automatic stay protects you from collection actions from most debts but it does not stop criminal proceedings, tax assessments, and governments police and regulatory powers.
Family Court Exceptions to the Automatic Stay
How does the automatic stay affect child support, alimony and divorce? The automatic stay can protect you from collection of past due child support in a Chapter 13.
Debts That Are Not Discharged in Bankruptcy
Certain categories of debt are never discharged in bankruptcy. Whether certain debts like taxes, student loans or fines are discharged depends on meeting specific requirements.
Ruling Protects Pawned Property in Chapter 13 Bankruptcy
Bankruptcy Appeals Court Ruling Protects Your Pawned Property under Chapter 13 where you still have the right to redeem the property.
Are Student Loans Non-Consumer Debts Allowing a Chapter 7 Case?
Are student loans consumer debt or non-consumer debt? How they are treated in bankruptcy can affect your ability to qualify for a Chapter 7 bankruptcy.
Does California State Court Judgment on a Debt Make It Non-Dischargeable in Bankruptcy?
A judgment entered against you in California state court may make it difficult to discharge the debt in bankruptcy under certain circumstances.