Monthly Archives: February 2012

California’s “Wild Card” Exemption Protects Miscellaneous Assets in Chapter 7 Bankruptcy

By Jon G. Brooks | Published: February 20, 2012
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Myths and misunderstandings about bankruptcy abound among the general public. In fact, misinformation about bankruptcy law is so prevalent that it often seems that I spend much of the time I offer in free bankruptcy consultations just dispelling such myths. Countering bankruptcy myths served as my major motivation in starting this bankruptcy blog. One of [...]

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

Debt Limits in Chapter 13 Can Prevent the Stripping of Second Liens by Homeowners Filing Bankruptcy in Bay Area

By Jon G. Brooks | Published: February 17, 2012
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Of those who come into our offices seeking bankruptcy advice in the Bay Area, and who ultimately file for bankruptcy protection, around one third qualify for a Chapter 13 case, while around two thirds are best suited to Chapter 7 bankruptcy. Although it requires repayment of some portion of one’s debts over time, Chapter 13 [...]

Posted in Chapter 13 Bankruptcy, Chapter 13 Lien Stripping | Tagged , , | Comments closed

Does My Spouse Have to File Bankruptcy with Me?

By Jon G. Brooks | Published: February 11, 2012
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The short answer is: No. Spouses do not necessarily have to file bankruptcy together. I’ve represented scores of Bay Area bankruptcy clients over the years where only one spouse has chosen to file personal bankruptcy. However, there are a number of important caveats that we as bankruptcy attorneys must discuss with any married debtor considering filing [...]

Posted in Automatic Stay, Bankruptcy Discharge, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy | Tagged , , , , , | Comments closed

If I File Bankruptcy in the Bay Area Can My Employer Do Anything to Me?

By Jon G. Brooks | Published: February 4, 2012
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When prospective clients come to me seeking bankruptcy advice in San Jose, they are often concerned that if they file bankruptcy, their employer might find out about their bankruptcy filing and that this might adversely affect their employment. This is a very real concern on the part of many folks considering filing bankruptcy in the [...]

Posted in Bankruptcy and Employment, Bankruptcy Basics | Tagged , , , | Comments closed