Category Archives: Bankruptcy in General

A (Very) Brief History of Bankruptcy and Debt in the West

The Chair of the San Jose Chapter 13 Committee—a group of bankruptcy attorneys representing debtors in Silicon Valley—recently asked me and several of my colleagues to give presentations to the committee on the history of bankruptcy and debt in various cultures. I was asked to offer a brief history of bankruptcy and debt in Western […]

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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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Keeping Student Loan Interest Rates Low Is Good, But What We Really Need Is to Reform the Law to Allow Discharge of Student Loans in Bankruptcy

In my last post, I noted the fact that Americans are now saddled with over $1 Trillion in student loan debt, more than all of us combined owe to credit cards. And as I also wrote, Congress has made it next to impossible to discharge student loans in bankruptcy. To be discharged in bankruptcy, the […]

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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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How to Find a Great Bankruptcy Attorney in San Jose

If you’re struggling with debt that you cannot afford to pay, whether it’s a mortgage payment greater than one third your monthly income, high credit card balances, a home equity line from a foreclosed property, medical bills, or whatever the source, you are most likely being bombarded by collection bullies who lie and browbeat you […]

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Why Small Business Failures So Often Trigger a Personal Bankruptcy

I regularly meet with prospective clients who want to file a bankruptcy for their failing small business who believe that they themselves have little or no debt. Perhaps they own a small dry cleaner, convenience store, or retail store front. Given that I practice bankruptcy in Silicon Valley, many of these small business owners have […]

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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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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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Unlike Bankruptcy, Private Debt Settlement Can Lead to Big Tax Problems

It’s another symptom of this prolonged recession. Private debt settlement companies are cropping up like mushrooms all over the Bay Area. Their advertisements urge people not to consider filing bankruptcy and promise that they can negotiate settlements with your creditors instead. In general these debt settlement outfits are not attorneys, and they cannot offer any […]

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Joint Tenancy Title Among Non-Spouses Can Lead to Disaster in Bankruptcy

I’ve written before about the problems joint tenancy title in the estate planning context. Today, I want to focus on the potentially disastrous consequences joint tenancy between unmarried people can cause in bankruptcy. Several years ago I defended a woman in a bankruptcy litigation case in which the Chapter 7 trustee had sued to take […]

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