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Bankruptcy Issues

Can Bankruptcy Stop Your Eviction?

Tenants facing eviction often frantically search for answers to the situation. First and foremost for those in this situation is usually the desire to stay in their home. The need to relieve the pressure of the debt usually comes in a close second and third is a desire to do …

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Bankruptcy Issues

My Creditors Are Suing Me – Is it Too Late to File Bankruptcy?

If you have put off filing for bankruptcy so long that your creditors are already suing you, you may fear that it is too late to do anything about it. You aren’t alone. Most people wait until the very last minute before they seriously consider bankruptcy as an option. It …

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Bankruptcy Issues

What Are the Ramifications of US Credit Card Debt if You No Longer Live in the US?

In a recent online discussion with a distressed woman, I was told the following story. A woman originally from Poland moved to the United States. She was married in the United States in 2009, but quickly realized she had entered into an abusive relationship and needed to get out and …

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Bankruptcy Issues

How is Past Due Rent Treated During a Bankruptcy Case?

If you are a landlord and your past due tenant is not only moving out, but is also rumored to be considering bankruptcy, is there any benefit to suing for past due rent? How is past due rent treated in a bankruptcy filing? When it comes to a landlord/tenant relationship, …

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Bankruptcy Issues

Life After Bankruptcy: When Creditors Forgive, But Don’t Forget

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 …

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Bankruptcy Issues

Denied the Right to File Bankruptcy Based on a Recent Car Purchase?

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 …

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Bankruptcy Issues

I Filed Bankruptcy…Can I Sell My House Now and Keep My Equity?

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 …

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Bankruptcy Alternatives

Bankruptcy Alternatives: Can I Transfer the Liability of an Auto Loan?

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 …

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Chapter 7

Chapter 7 Bankruptcy: Why is My Bank Account Still Frozen?

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 …

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Chapter 13

Chapter 13 Bankruptcy: Can I Strip a Second Mortgage?

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 …

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