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Category: Bankruptcy Law Archive

Bankruptcy Issues

Cosigning a Loan: It’s Risky Business

Cosigning a loan is risky business. Most experts will agree that it’s never a good idea. According to the FTC, as many as 3 out of 4 primary borrowers default on their financial obligations as set down in the loan agreement leaving the cosigner responsible for payment. This shouldn’t be ...
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Bankruptcy Issues

California Bankruptcy: Playing Favorites with Your Creditors

Many individuals in today’s society are far too reliant on their credit cards. At the very least, they view them as their emergency option. When declaring bankruptcy, the credit card safety net too many of us rely on is traded in for a complete discharge of the debt. It’s well ...
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Bankruptcy Issues

Remove a Judgment Lien in Bankruptcy

When judgment creditors attempt to collect a judgment, one of the first steps they often take is to place a lien on the judgment debtor’s home. Creditors in California are required to create a lien by recording an Abstract of Judgment at the county recorder’s office. It’s a serious matter, ...
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Bankruptcy Issues

Chapter 13 Lien Stripping: Stripping the Additional Mortgages from Your Home

petitioners have the option of “lien stripping.” The drastic drop in the value of homes in many regions throughout the nation in recent years has left many homeowners “upside down” in their homes. This well known saying means that the homeowner owes far more on the house than it is ...
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bankruptcy discharge

Your Home, Your Car and Bankruptcy

Many of us are attached to our vehicles and some of us aren’t sure what we would do without them. When considering filing for bankruptcy, there tends to be a lot of discussion about the home, but what about the car? What happens to your car when you file for ...
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bankruptcy filing

Declaring Bankruptcy: What Property Can I Keep?

When filing a Chapter 7 bankruptcy, filers are allowed to keep all property that is classified as exempt from the claims of their creditors. Every filer should check with their bankruptcy attorney to verify the specific exemptions in their state before filing so they aren’t surprised by the details. Individuals ...
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bankruptcy abuse prevention and consumer protection act

The Last Substantial Changes Made to Bankruptcy Law: 2005 Bankruptcy Abuse Prevention and Consumer Protection Act

The bankruptcy laws haven’t changed much since President Bush signed “The Bankruptcy Abuse Prevention and Consumer Protection Act” into existence in 2005. With the 2005 changes, filers saw new credit counseling requirements, the addition of the Means Test, changes to the Chapter 13 repayment plan period, limitations on state exemption ...
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Bankruptcy Alternatives

Protecting Assets in Bankruptcy with California Exemptions

Many assume that when declaring bankruptcy, all assets are lost to creditors. That’s simply not true. In many bankruptcy cases, debtors are able to keep everything and lose nothing (other than their overwhelming debt). Some or all of the filer’s assets are exempt. Exemption means that the specified property cannot ...
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bankruptcy

Do You Feel “Stressed Out” by Your Finances?

Are your finances leaving you frazzled, exhausted and just plan stressed out? It’s time to get control and stop letting your finances control you. Your health could depend on it. It’s no secret that finances are a major stressor for a lot of people.   One of the most popular ...
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bankruptcy

Bankruptcy and Your Employment Opportunities

Many people are concerned about whether they are employable after filing for bankruptcy. Generally speaking, bankruptcy doesn’t have to have an impact on your future employment prospects. There are certain narrow fields (in the financial field, for example), where problems would undoubtedly arise. But generally speaking, many employers would be ...
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