Chapter 13 bankruptcy cases are considered “reorganization” bankruptcies. The case will last between 3 and 5 years, and during that time the debtor will repay at least a portion of that debt. Chapter 13s are great for many debtors, but they can be cumbersome because many large life decisions require court approval. For instance, if […]
Scott Johnson, notorious abuser of the Americans with Disabilities Act, has filed over 60 lawsuits in Sacramento federal court so far this year. While Scott Johnson is not the only person filing ADA lawsuits in California, he is certainly the most well-known in the Sacramento area. Having filed literally thousands of lawsuits over the years, […]
If you are considering declaring bankruptcy in Sacramento, chances are you are at least somewhat concerned with keeping your assets safe. Most people are primarily worried about their houses or cars, but what about your bank accounts? Unfortunately banks can and will freeze bankruptcy filers accounts. Wells Fargo in particular has a very aggressive policy. The […]
Today is Independence Day, so naturally I have to write a blog about declaring your independence from debt. The bankruptcy code was written to help honest, yet unfortunate debtors who find themselves unable to repay their debts. Bankruptcy provides us with the rare opportunity to push the “reset” button in our lives. Chapter 7 or Chapter 13 […]
You might have recently heard that the United States Supreme Court recently ruled that states may not prohibit same sex couples from marrying. Along with a decision a few years ago striking down the Defense of Marriage Act (DOMA), these two decisions have an important impact on bankruptcy law as it relates to same sex […]
UPDATE: Unfortunately, SB 308 failed to pass this year. The California Legislature is currently debating a bill that would greatly expand legal protections for bankruptcy filers in California. Senate Bill 308, introduced by Senator Wieckowski, would expand and improve upon California’s current two-tier system of bankruptcy exemptions. Bankruptcy exemptions are laws that allow bankruptcy filers to […]
Declaring bankruptcy necessarily requires you to disclose a large amount of information to the bankruptcy court. As your attorney, I work closely with you to ensure that all your bases are covered. Here are some important areas that you should keep in mind when considering bankruptcy. 1. Your Income This might seem obvious, but you […]
Planning your bankruptcy is essential to getting your finances back on track. Consider these tips before you file: 1. Emergency Situations Have you received notice of a lawsuit, garnishment, bank levy, foreclosure, or repossession? Bankruptcy will immediately stop these actions. In these emergency situations, your bankruptcy should be filed as soon as possible. Don’t just ignore […]
Unlike what you see on TV, in bankruptcy court you rarely meet your judge. Instead the court assigns your case to a “trustee” for administration. Trustees usually have previous experience with bankruptcy court and come from backgrounds in law or accounting. The role of the Sacramento Bankruptcy Trustees is to remain impartial and to ensure that […]
The Sacramento Bankruptcy Court is a big place with multiple floors, departments and functions. I’m going to briefly describe the Court from top to bottom for folks who have never been there before. The first thing that you need to know is that the Sacramento Bankruptcy Court is not a stand-alone court. The Bankruptcy Court is located […]