Category Archives: Bankruptcy Discharge

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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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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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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What Is the Difference Between Avoiding a Junior Mortgage Lien and Discharging a Mortgage Loan in California Bankruptcy?

Depending on whether they are eligible for Chapter 7 bankruptcy or Chapter 13, homeowners who file bankruptcy in California with more than one loan secured by a deed of trust (which include home equity lines) may get very different types of debt relief when it comes to their second mortgage. Upon obtaining a bankruptcy discharge […]

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The Bankruptcy Code’s (and the Courts’) Treatment of Student Loans Is the Gift to Lenders That Keeps on Giving

In 1976, Congress amended the Bankruptcy Code to make government backed student loans nondischargeable in bankruptcy unless the debtor could prove that being forced to repay her student loans would impose an “undue hardship.” This exceptional treatment of student loan debt ran counter to the general principle of bankruptcy law to favor a fresh start […]

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Can Income Tax Debts Be Discharged in a Chapter 7 Bankruptcy in California?

Today is April 15, and while taxpayers get two additional days to file their income tax returns this year, today presents the perfect opportunity to discuss one of the most vexing issues in consumer bankruptcy—whether or not taxes can be discharged in bankruptcy. The short answer is that while most tax debts cannot be discharged […]

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Why You Should Never Give Away Assets Before Filing Bankruptcy

My firm offers hundreds of free bankruptcy consultations in San Jose every year, and in doing so, we’ve seen just about everything. When I review a potential bankruptcy case and the topic turns to what assets the debtor has, I’ve lost count how many times I’ve been asked, “can’t I just give this car to […]

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Does My Spouse Have to File Bankruptcy with Me?

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 […]

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

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 […]

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