Category Archives: Chapter 13 Bankruptcy

It Is Possible to Avoid Foreclosure in Chapter 13 Bankruptcy

Long before the current foreclosure crisis in California, I met with hundreds of San Jose homeowners desperate to save their home from foreclosure. Yes, even when times were relatively “good” for many, there have always been many Californians who have faced foreclosure due to job loss, sudden illness, failure of a small business, and other […]

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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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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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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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San Jose Bankruptcy Attorneys and NACBA Propose Principal Paydown Plan for Chapter 13 to Help Struggling Homeowners

In my San Jose bankruptcy practice, I meet with homeowners nearly everyday who are struggling to stay in their homes because of the foreclosure crisis. Many of them are in their 30s and 40s, and, as recently reported by NPR, disproportionately affected by steep declines in their home’s value because they had the unlucky misfortune […]

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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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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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Hardship Discharge in Chapter 13 Bankruptcy

Filing a Chapter 13 bankruptcy for many people in California can be a daunting experience. The uncertainty that comes with knowing you have to enter into a repayment plan for anywhere between three and five years without being absolutely certain of your employment situation causes a lot of stress for many debtors. What if you […]

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