Monthly Archives: December 2011

What Happens if I Forget to List a Debt or Creditor in My California Bankruptcy?

By Jon G. Brooks | Published: December 22, 2011
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As I discussed in my last post “Can I Leave My House or My Car Out of My Bankruptcy?” the Bankruptcy Code requires that a debtor truthfully disclose all of his debts, assets, income, and expenses. One cannot choose to leave a given debt or asset “out” of her bankruptcy case. Not only is the [...]

Posted in Bankruptcy Basics, Bankruptcy Discharge, Chapter 7 Bankruptcy, Meeting of Creditors | Tagged , , , | Comments closed

Can I Leave My House or My Car Out of My Bankruptcy?

By Jon G. Brooks | Published: December 15, 2011
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This has to be one of the most frequent initial questions I get from prospective clients seeking bankruptcy advice in the Bay Area. The question of whether one can choose not to include or leave out a particular asset, like a home or a car, from one’s bankruptcy stems from a commonly held fear that [...]

Posted in Bankruptcy Basics, Bankruptcy Exemptions, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy | Tagged , , , | Comments closed

Collections Are Calling About a Debt That Was Discharged in Your Bay Area Chapter 7 Bankruptcy? Call Our San Jose Bankruptcy Attorneys Right Away

By Jon G. Brooks | Published: December 12, 2011
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It happens. Perhaps it’s due to sloppiness on the part of the creditor in failing to enter into their computers the fact that they received a copy of your bankruptcy discharge order from the Bankruptcy Court.  Or perhaps it’s the result of the fact that debt collection companies buy and sell consumer debts like Wall [...]

Posted in Bankruptcy Discharge, Bankruptcy in General, Bankruptcy Litigation | Tagged , , , | Comments closed

Santa Clara County Bankruptcy – Your Meeting of Creditors at the San Jose Division Bankruptcy Court

By Jon G. Brooks | Published: December 6, 2011
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Residents of Santa Clara County filing bankruptcy must do so in the U.S. Bankruptcy Court, Northern District of California, San Jose Division. Likewise residents of Santa Cruz, Monterrey, and San Benito counties also must file bankruptcy in the San Jose Division of the Court. This post is aimed at informing our Santa Clara bankruptcy clients [...]

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Can I Still Return My Car After My Bankruptcy Case Has Discharged?

By Jon G. Brooks | Published: December 1, 2011
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A few times a year I get a call from a former bankruptcy client who received a Chapter 7 bankruptcy discharge and whose case has long since closed. Frequently something has changed in the client’s financial situation—most often the client or his spouse has just lost a job. “I know we stated in our bankruptcy [...]

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