Category: Bankruptcy Law
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Benefits of Chapter 13 Bankruptcy
Chapter 13 bankruptcy can be complicated and confusing. But it doesn’t have to be. There are many benefits to Chapter 13 Bankruptcy that are not always immediately obvious. Do you know what these benefits are? Chapter 13 bankruptcy is considered a “reorganization.” This is is different than Chapter 7 bankruptcy which is typically called a “liquidation.”…
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Bankruptcy Can Get Your Driver’s License Back
Chapter 7 Bankruptcy is an important tool that can get you a fresh start. But did you know that bankruptcy can help you get your driver’s license back here in California? NOTE: Many people call my office not having read this entire post. This trick works only for civil judgements, NOT criminal restitution, unpaid child…
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Spousal Waiver in Bankruptcy: What Happens if Your Spouse Won’t Sign?
Spousal waivers in California bankruptcy cases are not an issue when both spouses file bankruptcy together. However, bad things can happen when one spouse files bankruptcy on their own without first having the non-filing spouse sign the waiver. As I covered back in January, California law requires that the non-filing spouse sign a spousal waiver…
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Don’t Qualify for Chapter 7? You Have Options
When thinking about bankruptcy, most folks think of Chapter 7 Bankruptcy. Chapter 7 provides a “fresh start” by wiping out unsecured debt. The process takes about 3-4 months. For most people, the Chapter 7 bankruptcy process is relatively painless. However, because of how the bankruptcy code is written, not everyone will qualify for Chapter 7…
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Your Tax Refund and Bankruptcy
\Welcome to Tax Season! With it comes special precautions for people filing Chapter 7 Bankruptcy. You must take special care to protect your tax refund. All of a debtor’s assets, as they existed on the date of filing, belong to a debtor’s Bankruptcy Estate upon the filing of Chapter 7 Bankruptcy. This includes a debtor’s…
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521 Documents: What You Need to Know
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…
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Bankruptcy Car Repossession
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…
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Emergency Bankruptcy Can Save Your Bacon
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…
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Spousal Waiver in Bankruptcy: What You Need to Know
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…
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The Bankruptcy Trustee in Sacramento Can Help or Hurt Your Case
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…