Category Archives: Bankruptcy Basics

Bankruptcy “Credit Counseling” and “Debtor Education” Course Requirements Don’t Have to Be a Drag

Bankruptcy information is everywhere on the Internet. In recent years many more prospective clients come into my office already armed with a good deal of knowledge about filing personal bankruptcy. Many have read online articles about Chapter 7 bankruptcy, stopping a wage garnishment, Chapter 13 lien stripping, and many other issues of bankruptcy debt relief. […]

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

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 […]

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

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 […]

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

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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Many Bay Area Homeowners Can Strip Off a Second Mortgage in Chapter 13 Bankruptcy

The San Francisco Chronicle reported yesterday that the number of Bay Area homes that are “under water” (meaning that the homeowner owes more on the property than it is worth) has risen again. For the nine counties comprising the greater San Francisco Bay Area, that number has risen to 24.6 percent (a rise of nearly […]

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The Bankruptcy Automatic Stay Stops Bully Collectors in Their Tracks

Whether you have even considered filing Chapter 13 or Chapter 7 bankruptcy yet, if you have ever been more than 90 days late paying a credit card, then you may have already suffered the indignity of an aggressive bill collector’s call. If you haven’t yet, but you can’t make all your credit card payments, you’ll […]

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Can I Qualify For Chapter 13 Bankruptcy If I’m Not Employed?

Chapter 13 bankruptcy provides powerful debt relief for those who can afford to pay something toward their debts. Chapter 13 provides debt relief tools that are unavailable in Chapter 7, including the ability to strip off junior liens from real estate and to cram down auto loans to a vehicle’s current fair market value in […]

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How Do I Place a Value on My Small Business in Bankruptcy?

No doubt it’s because I practice debtor’s bankruptcy in San Jose, which has traditionally had more than its share of entrepreneurs and small business owners, many of my bankruptcy clients are self employed. Because every debtor, whether in Chapter 7 or 13 must list all of his or her assets and provide a value for […]

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Debt Settlement Programs Don’t Keep Credit Card Companies from Suing You

Once or twice a week, I meet with a prospective bankruptcy client who has called us, frantic, because a credit card company or some third party collection bullies for a credit card company have served her with a lawsuit summons. “I don’t understand why they would sue me,” the debtor will complain. “I’ve been paying […]

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I Was Just Served with a Motion for Relief from Stay. What Is It?

Both Chapter 7 and Chapter 13 bankruptcy provide an important, immediate relief from creditors trying to collect from the debtor. As soon as one of our bankruptcy attorneys files your case, you will get the benefit of the Automatic Stay, which prohibits nearly all of your creditors from collection activity while your bankruptcy case remains […]

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