Category: Bankruptcy Law
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Partial Relief for Student Loans in Bankruptcy
You probably already know that most student loans survive bankruptcy. What you may not know is that there still is some hope for relief in bankruptcy. Read on to learn more. Educational Loans are Tough to Discharge in Bankruptcy The general rule that most people know is that student loans typically survive a bankruptcy. In other…
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Is Child Support Dischargeable in Bankruptcy?
Bankruptcy is an incredibly useful tool for eliminating debt. However, some debts are not excusable in bankruptcy. Did you know that one such debt is child support? Courts Treat Child Support Differently in Bankruptcy The bankruptcy code defines child support (also known as a Domestic Support Obligation, or DSO) as an automatically non-dischargeable debt. This…
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When Does the Automatic Stay End?
The automatic stay is one of the most important provisions of the Bankruptcy Code. The stay halts all collection activity against a bankruptcy filer. But when does the stay end? The Automatic Stay Protects Debtors The automatic stay is codified in 11 U.S.C. § 362. With certain exceptions, the stay prohibits parties from taking collection activity against…
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Do Creditors Take Belongings in Bankruptcy?
Potential bankruptcy filers often ask me “can I keep X if I file for bankruptcy?” 9.5 times out of 10 the answer is “yes.” This is where the rubber hits the road in Chapter 7 bankruptcy. Keep reading to learn more about the property you can and cannot keep in a bankruptcy. Chapter 7 is a…
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Sued by Sheri Carello Bankruptcy Trustee?
Not everybody knows that a significant amount of litigation occurs in the bankruptcy courts in Sacramento. I represent both debtors and creditors in these “adversary proceedings.” Have you been sued by Sheri Carello? Below is some important information for you to consider. Why am I Being Sued by Sheri Carello? Sheri Carello is a Chapter 7 bankruptcy…
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What is a Bankruptcy Adversary Proceeding?
An Adversary Proceeding in a bankruptcy case is a big deal. You can think of an Adversary Proceeding as a lawsuit that occurs within an existing bankruptcy case. Read on to learn more about this important bankruptcy tool. In most consumer bankruptcy cases, there isn’t a lot to fight about. The bankruptcy filer discloses all…
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How To Amend Bankruptcy List of Creditors
Your bankruptcy petition should be as perfect as possible before it is sent to the court. However, issues can arise after filing. A common problem is the failure to list all creditors. Here is how to amend your bankruptcy petition to fix that problem. Listing All Creditors is Important When a bankruptcy petition is submitted to…
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4 Common Myths About Sacramento Bankruptcy
As a bankruptcy lawyer in Sacramento, I hear all kinds of misinformation about bankruptcy. Here are the top five myths about bankruptcy that I hear on a regular basis. Myth 1. I can’t keep my car when I file bankruptcy It is extremely rare for a person to lose their car during the bankruptcy process. In…
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Uber Bankruptcy Sacramento
The number of people driving for Uber and Lyft these days is increasing rapidly. I have noticed many bankruptcy filers in my office reporting that they are working, at least part time, for Uber and Lyft. What does this have to do with bankruptcy? Let me tell you! You Must Disclose All Income in a Chapter…
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5 Bankruptcy Things You Need to Know Before Christmas
With Christmas just around the corner, many of you will be squeezing your paycheck to cover the extra expenses of gifts for friends, family, and coworkers. This struggle can lead to a hard look at your finances for the new year, and maybe even deciding that 2016 if finally the year to become debt free.…