Have you ever loaned a friend or family member money? Maybe it was way back when you were 12 and your 16 year old sister really wanted your babysitting cash because she was headed to California with a friend and REALLY wanted to go shopping at the outlets on the way. Maybe it was last […]
When you file bankruptcy, you are seeking the bankruptcy protection that has helped so many climb out of the deep pit debt can create due to the economy, industry changes, job loss, health complications, family emergencies, etc. Regardless of the reason or reasons behind your bankruptcy filing, you listed all your debts in your paperwork, […]
In a recent consultation, a prospective bankruptcy filer suggested that they would not be eligible to file for bankruptcy because they recently purchased a car. They were overwhelmed by credit card balances, drowning in old medical bills, struggling with student loans, and at the point where they were having trouble keeping their refrigerator full some […]
For many people, a career is a major priority. Even for those who don’t love their jobs, the thought of not advancing is very distressing. Everyone wants to succeed at work even if only to maximize their earning potential. So many worry that when they file for bankruptcy it will disrupt their career advancement or […]
Many people experience extreme financial distress during the same period when they are experiencing equally extreme distress in their relationship. We aren’t here to discuss if one situation is a catalyst for the other, but to outline how a legal separation alters the affect of bankruptcy on the filer and the filer’s spouse (from which […]
There are a lot of questions that need answers before the decision to file bankruptcy. There are a lot of questions that come up during the bankruptcy process. And there are more questions that crop up once the bankruptcy is closed and the discharge is received. One common “post-bankruptcy” question is, “Can I sell my […]
Meet Dawn and Jared. Dawn and Jared were high school sweethearts. They got married during college. Dawn eventually became a lawyer and Jared eventually became a doctor. By the time they got divorced, they hardly saw each other because they were both so busy and had such different priorities and schedules. They didn’t hate each […]
One of the common reasons that people have for putting off filing for Chapter 7 bankruptcy even though it is their only choice in their given financial situation, is that they want to keep their car. Most even go so far as to say that they NEED to keep their car. Some would argue this […]
People will do a lot to avoid filing for bankruptcy. And as an experienced southern California bankruptcy attorney, I am in full agreement. It’s always best to do everything you can to take care of your debt and financial liabilities without filing for bankruptcy. Filing for bankruptcy is a legal protection for those who simply […]
A Chapter 13 bankruptcy is often referred to as a reorganization bankruptcy. It allows people who see a regular income to create a plan to repay all or a designated part of their debt through the bankruptcy court and the assistance of a bankruptcy trustee. Under the Chapter 13 bankruptcy, the debtor can propose a […]
If you’ve filed for Chapter 7 bankruptcy, you case is complete and you have received your discharge of debt, you’re probably dancing on the rooftop – or at least on a countertop! That is, unless you have lingering issues such as a bank account that is mysteriously still frozen. If your Chapter 7 bankruptcy is […]
If you run a small business from your home, you’re probably wondering if you need to include it in your bankruptcy filing. If you are declaring Chapter 7 bankruptcy on your personal debts, do you have to get your small business involved? This is another specific situation that may require different actions depending upon your […]
When filing a Chapter 13 bankruptcy, you may be able to strip a second mortgage if there is no equity in your home after the first mortgage. In this instance, the second mortgage can be treated similar to any other unsecured lien (like a credit card debt) and the debtor could end up paying little […]
Being an adult is hard sometimes. And one of those times occurs when there’s a shortage of money, relationships have ended, property has been divided (theoretically) and someone is filing bankruptcy. In some cases, it can seem like you’re being pressured from all sides to do something that you don’t even understand. One such situation […]
There are all kinds of ways to get overwhelmed by debt. You might start off with a little bit of credit card debt, and then add a mortgage. A little while later you may throw in an auto loan or two. Along the way, you may be very friendly with your credit cards and they […]
Wage garnishment can cause major financial trouble. For those already considering filing for bankruptcy, it can be a catastrophe. That’s why it’s so important to know your rights regarding wage garnishment, bankruptcy, and stopping wage garnishment during bankruptcy. If you have filed for bankruptcy and your wages are still being garnished, you most likely want […]
If you file for bankruptcy, do you have to give up your car? This is one of the two most commonly asked questions by potential bankruptcy petitioners, the other being about the loss of the house. In some cases, the bankruptcy has been postponed out of fear of this particular loss. Maybe you’ve never been […]
At times, consumers just like you get in touch with very specific cases that they are sure no one else has ever had to deal with. In almost every instance, it is not the first time the question has been posed. For instance, can a bench warrant be issued for failing to show up for […]
The main concern of many bankruptcy petitioners is their home. They know that bankruptcy is their best (or only) means of solving their financial situation, but they don’t want to lose their house. Many are willing to go to extreme measures not to lose their home. Consider this real life example: Jane McCadden is considering […]
No one likes his or her wages to be garnished and everyone wants money that was garnished to be returned. Those are just the facts. But depending on when your wages were garnished, what stage of the transfer process the funds were at when they filed, and whether or not certain motions are filed, you […]