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 […]
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.
Avoiding the Means Test if Your Student Loans Are Non-Consumer Debts
You may be able to qualify to file for Chapter 7 bankruptcy protection if your student loans are determined to be non-consumer debt. Your student loans my help you avoid the means test all together.
Social Security Act Benefits Exclusion is Broadened by the 9th Circuit BAP
The 9th Circuit BAP decision broadens the benefits excluded under the social security act as income under the means test.
When Should You File to Pass the Means Test?
The timing of your bankruptcy can affect your ability to pass the means test and qualify for a Chapter 7 bankruptcy.
Car Operating Expense of $200 Not Allowed by 9th Circuit BAP
The BAP for the 9th circuit rejected the use of the $200 car operating expense for older vehicles in calculating disposable income.
Am I Disqualified from Filing Bankruptcy If My Income Is Too High?
Having a high income will not disqualify you from filing for bankruptcy. Your income along with other items will be considered in determining what type of bankruptcy you qualify for.
Household Size Affects Your Ability to Pass the “Means Test”
Whether you may file a Chapter 7 bankruptcy can depend on how many people are in your “household.”
Social Security Income Not Considered in Good Faith Inquiry
A 9th circuit court decision has found that Social Security income cannot be considered in determine whether a Chapter 13 plan was proposed in good faith.
Two Important Changes to Bankruptcy Dollar Amounts
Important changes to bankruptcy may affect your ability to file Chapter 7 bankruptcy and the length of time you are required to be in a Chapter 13 bankruptcy.
If You Filed Bankruptcy Before the 2005 Law Change, You Can Likely File Again
If you filed for bankruptcy before the 2005 changes to the bankruptcy law went into effect, you may be able to file bankruptcy again soon.
How Bankruptcy Law Defines “Household” Has a Huge Effect on Your Chapter 13 Case
How your household size is determined can affect your Chapter 13 case. It will affect how many years you pay into the Chapter 13 plan and how much you pay.