The homestead exemption serves as a critical financial protection for homeowners facing bankruptcy by shielding a portion of their home equity from creditors. Each year, this exemption amount is adjusted based on the countywide median sale price of a single-family home in the previous calendar year. For 2025, the homestead exemption limits have been updated […]
California Authorizes Retain And Pay For Automobiles In Bankruptcy
NEW PROTECTION FOR DEBTORS WITH VEHICLE LOANS Recent California law changes have given all Debtors who file bankruptcy in California the option to retain and pay on their vehicle loans in a Chapter 7 bankruptcy. Prior to the changes in the law that took effect in 2023, when you filed for bankruptcy protection you had […]
Increased Car Exemption of $7500 Allows You to Protect More Equity in Your Vehicle
Increased Protection for Your Car in Bankruptcy. Changes that went into effect at the beginning of 2023 increase the vehicle exemption amount available in California. Both Section 703.140 and Section 704.010 were amended to increase the exemptions available for motor vehicles. The amount available for vehicles was increased to $7500 under both sections. Changes to […]
In California, Filing Bankruptcy May Allow You to Regain Your Home After the Foreclosure Sale
California’s New Foreclosure Law On January 1, 2021 new foreclosure laws went into effect that altered the foreclosure process in California. Under Senate Bill 1079 signed into law on September 28, 2020, a property that is a one-to-four-unit residential dwellings is subject to the new foreclosure rules. The law added Section 2924m which states that […]
Can My Bank Take My Money Without Permission?
The short answer is YES under the right of setoff if you owe that same bank or credit union on a credit card or loan. When you have a savings or checking account with a bank or credit union it is very common to apply for credit cards or loans with that same financial institution […]
How Can a Creditor Levy Your Bank Account in California
It’s true: once a creditor gets a judgment against you it can take money out or your bank, credit union, or other financial institution account to pay that judgment. This blog post gets into what exactly a judgment creditor can do to levy your accounts, and what you can do to stop it. HOW CAN […]
What Happens When You Don’t Respond to a California Collection Lawsuit?
Getting lawsuit papers can be scary. A process server, or sometimes a sheriff’s deputy, may show up at the door of your home and insist on personally handing you the papers. Or this might happen at your place of work or business. It could even happen as you’re simply walking down the street. (See Service […]
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 […]
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 […]
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.
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.