Category Archives: Chapter 13 Bankruptcy

In re Flores: Bad for Chapter 13 debtors, Bad for Chapter 13 Creditors Too

2013 saw several major judicial shifts affecting bankruptcy law, and one decision by the Ninth Circuit Court of Appeals affects how Chapter 13 bankruptcy plans are proposed and confirmed in profound ways. In August of this year, the Ninth Circuit published the decision In re Flores, taking away significant flexibility from debtors in Chapter 13 […]

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Can I Keep My Luxury Car, RV, and Boat, in Chapter 13 Bankruptcy in California?

Chapter 13 bankruptcy trustees in California and elsewhere frequently object to debtors’ Chapter 13 plans in which the debtor proposes to pay very little to his general unsecured creditors (like credit card companies), while nevertheless continuing to make payments on secured debts for so-called “luxury items.” Such plans, some Chapter 13 trustees have claimed, were […]

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Can The Bankruptcy Trustee Take Money That I Win In a Personal Injury Lawsuit?

No one ever wants to be involved in an accident, but unfortunately, they happen all the time. As the medical bills and other expenses start to pile up because of an injury and/or inability to work, many seek relief by filing for bankruptcy to manage all of the debts that they have accumulated during this […]

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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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How the National Mortgage Settlement May Help California Homeowners and Those Who Have Lost Their Homes

Since long before the beginning of the current economic downturn, we have counseled hundreds of individuals and families seeking information about filing personal bankruptcy in the Bay Area. But since this recession began, those seeking bankruptcy advice have likewise needed advice on how they might be able to avoid foreclosure, modify their home loans, or […]

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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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Thinking About Filing Chapter 13 Bankruptcy in San Jose? Be Sure to File Your 2011 Taxes Right Now!

The deadline to file your 2011 taxes (this year we have until April 17) is just about three weeks away. It happens every year around now. San Jose Chapter 13 Bankruptcy clients need to file their bankruptcy urgently to stave off a pending foreclosure, stop a lawsuit, bank levy or wage garnishment. But they haven’t […]

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

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 […]

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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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