There were 712 new Chapter 7 Bankruptcy cases in Sacramento during January 2014. That is a 3% decrease from December 2013. 712 new cases will likely be the low water point for the year. We can expect that bankruptcy filings will start to pick up again this spring as people start to receive their tax […]
Before your Meeting of Creditors, also known as a 341 hearing, a debtor is required to provide certain documents to the Bankruptcy Trustee assigned to his or her case. These required documents are commonly referred to as “521 documents” because the requirement is listed in a few parts of 11 USC § 521. Let’s start […]
One question I get asked a lot is “I’m struggling with my bills, how am I supposed to afford a bankruptcy attorney?” I tell my clients that it is always my goal to provide cost-effective legal services. Trust me, bankruptcy can be affordable in Sacramento! Just like everything in life, there are a wide range […]
Many of my bankruptcy clients have had a car repossessed. Car repossession can be very expensive. Many times, a customer is left with a large bill from their lender even though they do not own the car any more. Bankruptcy can help in this situation. When a car is repossessed by a lender, the car […]
There were 734 Chapter 7 bankruptcy cases filed in the Sacramento area during December 2013. This is only counting Chapter 7 cases in the Sacramento Division of the Eastern District of California. The numbers would be higher if I counted cases filed in the Modesto, Fresno and Bakersfield divisions. As you can see, the Eastern […]
If you were just slapped with a notice of a bank levy, a wage garnishment, or served with a lawsuit, you might be wondering about your options. In these cases, an emergency bankruptcy filing may be appropriate. Typically I work with my clients over 2-4 weeks to prepare their bankruptcy case for filing. However, in […]
The audience for this blog post is very specific: Chapter 7 filers in California that are married, but filing bankruptcy without their spouse. If you match this criteria, you need to know about the Spousal Waiver. A married couple may file bankruptcy together. Both spouses are listed on the Bankruptcy Petition and are both given […]
The Bankruptcy Trustee plays a vital role in all Chapter 7 Bankruptcy cases in Sacramento. Not be confused with the United States Trustee, the Bankruptcy Trustee is a third party appointed by the Bankruptcy Court in each Chapter 7 case. At the start of each Chapter 7 Bankruptcy case, the Court randomly assigns a trustee […]
Eligibility for Chapter 7 Bankruptcy in Sacramento is governed by two main tests. The Means Test and the Totality of the Circumstances Test. The Chapter 7 Means Test is often understood. But it is a critical component to every Chapter 7 Bankruptcy case. The Chapter 7 Means Test was imposed by Congress in it’s 2005 […]
As a Bankruptcy Lawyer, I am always interested in watching the number of Chapter 7 Bankruptcy cases filed in the local court. The final tally is in for November 2013. There were 959 Chapter 7 Bankruptcy filings in Sacramento last month. Note: the count above is just for the Sacramento division of the Eastern District […]