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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 right by a landlord that […]

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 seems to be human nature […]

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 far away. Since she was […]

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, bankruptcy is mostly going to […]

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 way. Maybe it was last […]

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 keeping their refrigerator full some […]

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 is, “Can I sell my […]

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 protection for those who simply […]

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 your Chapter 7 bankruptcy is […]

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 could end up paying little […]

Stopping Wage Garnishment During Bankruptcy

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 […]

Hanging Onto Your House When Filing Chapter 7 Bankruptcy

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 […]

Exiting a Chapter 13 Bankruptcy Plan Early

The Chapter 13 bankruptcy is designed for bankruptcy petitioners who have a regular income. The Chapter 13 allows a debtor to keep property and pay debts back over a predetermined period of time, usually 3-5 years. It’s often referred to as a wage earner’s plan. Petitioners work alongside the bankruptcy court to develop a plan […]

Selling Your Car Before Filing for Bankruptcy

One of the common issues that occur when someone decides they’d like to consider filing for bankruptcy is that they recently sold their car. In most cases, they did so because they needed the money. They were trying to figure their way out of their financial situation by coming up with additional funds. It seems […]

Having Your Wages Garnished for a Debt Discharged Through Bankruptcy

The purpose of filing for bankruptcy is to get out from under an impossible amount of debt. In fact, when filing Chapter 7 bankruptcy, a successful ending will find the bankruptcy petitioner holding a discharge of debt that does just that. It discharges all eligible debt associated with the bankruptcy. When a debt is discharged […]

Bankruptcy Means Test: Can I Deduct My Boat Payment?

A big part of determining eligibility for bankruptcy protection is the means test. So when a bankruptcy petitioner has questions about the means test, we take them seriously. Not only is it vital that all the information is accurate, but it also has to be extremely thorough. When it comes to bankruptcy, a lie of […]

The Impact of the Quitclaim Deed

The quitclaim deed holds the statement that the person named (and whose signature the property bears) has quit ownership of the property listed and conveys it to the person who holds the quitclaim deed (grantee). The quitclaim offers no guarantee. In fact, someone with no ownership whatsoever is able to file a quitclaim on a […]

Car Title Loans and Bankruptcy

One of the most frequently asked questions of prospective filers is what happens to car title loans associated with their vehicles and if they can keep the cars when the bankruptcy is completed. Most filers are already aware that they can save their home, but they are unsure about the status of their vehicle ownership […]

Can a Chapter 13 Bankruptcy Payment be Deferred?

When you declare Chapter 13 bankruptcy, the bankruptcy court determines a set pay schedule for a pre-determined amount of time. In cases where unforeseen events cause major dips and dives in the income of bankruptcy filers post-bankruptcy, they can come up against a major problem: the inability to make the Chapter 13 payment. In this […]

You Co-Signed and They Defaulted, What’s the Next Step?

If anyone ever calls you and asks you to cosign a loan for them, regardless of who they are, your answer should be no. Don’t do it – unless you like the idea of financial trouble and pending bankruptcy proceedings. If you’re going to ignore this sage wisdom and become the cosigner on a loan […]