Category Archives: Bankruptcy Basics

Those Who Filed Chapter 7 Bankruptcy in 2005 May File Again in 2013

In April 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act, or “BAPCPA” as we bankruptcy attorneys call it. On the day BAPCPA passed, I was interviewed by our San Jose CBS affiliate, KPIX, about the sweeping changes to bankruptcy law contained in BAPCPA. Among consumer bankruptcy lawyers everywhere, there was a good […]

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The Ugly Truth About Debt Settlement Companies and Why Bankruptcy Is Often a Better Option

The National Association of Consumer Bankruptcy Attorneys (NACBA) recently published a consumer alert report entitled “The Debt Settlement Trap: The #1 Threat Facing Deeply Indebted Americans,” which detailed the stories of debt strapped consumers who have fallen prey to the numerous scams peddled by so-called debt settlement companies. You’ve probably heard their claims on TV […]

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I’ve received an “Objection to Confirmation” of My Chapter 13 Bankruptcy Plan. What Do I Do Now?

Tens of thousands of people in California file Chapter 13 Bankruptcy every year. Filing a Chapter 13 case and getting that case confirmed by your bankruptcy judge, however, are two very different things. The process of getting a Chapter 13 Plan confirmed can be a bit daunting, but like everything else in filing a personal […]

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Recently Served with a Lawsuit? Another Reason to File Bankruptcy Before Your Creditor Gets a Judgment Against You

Getting served with a collections lawsuit by a credit card company, auto lender, or any other creditor will certainly ruin anyone’s day. Often it’s the last straw that finally motivates many of my clients to come see me for a free consultation about filing personal bankruptcy here in the Bay Area. The trouble is, many […]

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Stopping a Wage Garnishment by Filing Bankruptcy in San Jose

Every individual who files personal bankruptcy, whether Chapter 7 or Chapter 13, gets immediate protection from the collection efforts of his creditors. This immediate protection is the Automatic Stay provided in section 362 of the Bankruptcy Code, which prevents, for so long as it remains in effect, the garnishing of the bankruptcy debtor’s wages (except […]

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Reversing Fraudulent Transfers Before Filing Bankruptcy in San Jose

Several weeks ago I posted a piece on this blog outlining what constitutes a “fraudulent transfer” prior to filing bankruptcy and the disastrous consequences such transfers create for the debtor in bankruptcy. Most commonly in the consumer bankruptcy context, a fraudulent transfer occurs when, prior to filing bankruptcy, one transfers an asset to someone else […]

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How to Place a Value on Your Assets in Chapter 7 Bankruptcy (or in Chapter 13 for That Matter)

Often prospective clients come to our San Jose offices for a free bankruptcy consultation armed with legal “expertise” they have garnered from sites pertaining to bankruptcy all over the internet. One of the principle fears that these folks convey to me is the idea that if they file Chapter 7 bankruptcy, they will lose everything […]

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Finally Found a Job? Now May Be The Best Time to File Bankruptcy

As the recession has worn on, prolonged economic hardship has sometimes led people to feel that even bankruptcy will not offer much immediate relief. In the last year, I’ve met with an increasing number of folks considering filing bankruptcy in San Jose, who decide to put off filing despite their eligibility for Chapter 7 bankruptcy […]

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Can I Get a Waiver of the Court’s Filing Fee if I File Chapter 7 Bankruptcy in San Jose?

The Bankruptcy Court’s filing fee for Chapter 7 cases, which is currently set at $306, can be waived by the court pursuant to 28 U.S.C. §1930(f). However, whether or not a debtor filing Chapter 7 bankruptcy in San Jose will be granted a fee waiver depends not only on the debtor’s ability to prove that he […]

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

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 […]

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