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Bankruptcy Issues

What to Do If You Retained an Attorney, But Bankruptcy Wasn’t Filed

A recent email arrived with a question from a women who hired an attorney two years ago to file a Chapter 13 bankruptcy. She paid the bankruptcy attorney $1,000 up front. No other payments were made, but the Chapter 13 bankruptcy was never filed. Her question was this: is it …

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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

Legal Separation’s Effect on Bankruptcy

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 …

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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 13

Lease-to-Own Property and the Chapter 13 Bankruptcy

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 …

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Chapter 7

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 …

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Bankruptcy Issues

A Mixup with the Ex, an Unpaid Debt and a Lien on the House

Sometimes people come to bankruptcy attorneys with particularly sticky situations. One of the most common types of “sticky” situation following divorce comes when unpaid debt of one party affects the other party negatively. In fact, in some cases, the ex’s unpaid debt can result in a lawsuit that can cause …

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Bankruptcy Law

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 …

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Bankruptcy Issues

Bankruptcy Basics: Legality of Debt Collection from 3rd Parties

When it comes to debt collection, it all feels wrong. It feels mean and unjust and underhanded even when the collector is attempting to collect on a valid debt. This feeling of being “wronged” by the people and/or companies that are trying to get money out of you to pay …

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Bankruptcy Issues

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 …

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