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 […]
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 […]
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 […]
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.
Avoid Having to Sell Home to Prevent Foreclosure
Chapter 7 and Chapter 13 bankruptcy can provide you with options to avoid the sale of your home to prevent its foreclosure.
Why You Should Not Delay Filing for Bankruptcy
People often delay getting advice from a bankruptcy attorney and seeking assistance for filing for bankruptcy. Delaying this can have detrimental consequences.
Can You Claim Homestead Exemption If Not Living in Home?
The 9th Circuit BAP indicated that the factors to determine whether you can claim a California homestead exemption are the physical occupancy of the property and the debtor’s intention to live there. Lack of physical occupancy does not preclude someone from establishing residency.
Homestead Exemption for Recently Acquired Homes in California
There are limitations on the California homestead exemption for recently acquired homes. This limitation may apply to you if you have acquired your home within 1215 days of filing for bankruptcy.
Bankruptcy Solutions for Getting Back Your Repossessed Vehicle
Filing for bankruptcy can give you the time you need to get your vehicle back. It will give you the opportunity to examine your options for getting your repossessed vehicle back.
Get My Repossessed Vehicle Back Without Bankruptcy?
If your vehicle is repossessed in California you can get your vehicle back through redemption or reinstatement.
Can Bankruptcy Stop the Repossession of My Vehicle?
The automatic stay in bankruptcy will protect your vehicle from being repossessed. As soon as you file for bankruptcy the automatic stay goes into place and the creditor cannot repossess your vehicle.
When Can I Use California Property Exemptions If Recently Moved Here?
If you have recently moved to California, you may need to use the bankruptcy exemptions from the state your moved from.