What Assets are Exempt in California Chapter 7 Bankruptcies?

Admin on March 15, 2020 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

Individuals in California who file for bankruptcy are often given a second chance at building a strong credit record. This does not come without a compromise, though. When Chapter 7 bankruptcy is involved, a person must often hand over a substantial amount of their estate in the process. A bankruptcy trustee then manages the estate […]

What to Ask Your Lawyer Before Filing for Bankruptcy

Admin on November 22, 2019 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

Financial difficulties can leave you uncertain about what to do next. While bankruptcy is one of the best ways to take control of your finances, the bankruptcy process can be complex and intimidating for many, which is why the assistance of an experienced bankruptcy lawyer is necessary.    There are several important questions to ask […]

Debi Thomas

Admin on October 23, 2018 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

San Jose native Debi Thomas has an impressive resume. She was a pre-med and engineering student at Stanford University; she is a graduate of Northwestern Medical School; she was a trained orthopedic surgeon; she was an Olympic champion and bronze medal winner at the 1988 Winter Games in Calgary; she became the first African-American woman […]

Reaffirmation Agreement

Admin on November 17, 2017 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

There are features of Chapter 7 bankruptcy and Chapter 13 bankruptcy that are similar and some that are quite different. A significant similarity is the automatic stay under Section 362 of the United States Bankruptcy Code, or Code, wherein a bankruptcy filing stays, or stops, creditors from taking collection action against the debtor. When this […]

Divorce and Bankruptcy

Admin on October 26, 2017 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

Financial stress can take a toll on relationships. Those in the Bay area may remember a time when, typically, the husband worked a 9-5 job while the wife stayed at home and took care of the children and the house. They would go on family outings on weekends year round. Women who worked often provided […]

Student Loan Debt

Admin on August 6, 2017 Posted in Blog, Chapter 13 Bankruptcy, Student Loans

Many Americans carry significant student loan debt. In the beginning of 2017, there were 44 million people in the United States holding over $1.4 trillion in student loan debt. This number is greater than credit card debt by $620 billion. This is a 6% increase over 2016. What is more, there is a delinquency rate […]

363 Sales

Admin on February 4, 2017 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy

Upon filing a bankruptcy case, “all legal or equitable interests of the debtor in property as of the commencement of the case” becomes the property of the bankruptcy estate. If bankruptcy estate property is to be sold, such a sale is termed a “363 sale,” or a bankruptcy sale. A 363 sale is based on […]

Chapter 13 Bankruptcy Eligibility

Admin on January 19, 2017 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy

Bankruptcy is an option for individuals struggling with mountains of debt because it provides honest debtors with a clean slate. The clean slate, in legal terms, is a discharge. The bankruptcy process provides that a debtor can discharge his or her debt so that the debtor is no longer obligated to repay certain creditors. One […]

Lien Stripping in Chapter 13

Admin on November 5, 2016 Posted in Chapter 13 Bankruptcy

Consumers dealing with large debt and minimal prospects of repaying that debt often turn to bankruptcy to get a fresh start. Through the bankruptcy, the debtor can emerge debt-free and not have to live with collection calls and worries. The United States Bankruptcy Code (the “Code”) is confusing. What’s more, there are various types of […]

Adequate Protection in a Chapter 13 Case

Admin on September 17, 2016 Posted in Bankruptcy Law, Chapter 13 Bankruptcy

Creditors that hold debts secured by depreciating personal property, such loans secured by cars and boats, are entitled to receive “adequate protection” payments while a debtor undergoes the bankruptcy process. The underlying theme of adequate protection is designed to protect an entity from a decrease in value of its interest in property of the estate […]