Tag Archives: Bay Area Bankruptcy Attorneys

Why a Sole Proprietor Filing Chapter 7 Bankruptcy Had Better Retain a Good Bankruptcy Lawyer

My simple advice to self-employed business owners needing to file bankruptcy, is to consider filing Chapter 13 bankruptcy. But let’s say that there is some reason why the debtor cannot file a Chapter 13–for example, she has debts greater than the limits set for Chapter 13. If you own and operate a small business as […]

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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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Stopping a Wage Garnishment by Filing Bankruptcy in San Jose

Every individual who files personal bankruptcy, whether Chapter 7 or Chapter 13, gets immediate protection from the collection efforts of his creditors. This immediate protection is the Automatic Stay provided in section 362 of the Bankruptcy Code, which prevents, for so long as it remains in effect, the garnishing of the bankruptcy debtor’s wages (except […]

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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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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 […]

Posted in Chapter 13 Bankruptcy, Chapter 13 Lien Stripping | Also tagged , | Comments closed

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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If I File Bankruptcy in the Bay Area Can My Employer Do Anything to Me?

When prospective clients come to me seeking bankruptcy advice in San Jose, they are often concerned that if they file bankruptcy, their employer might find out about their bankruptcy filing and that this might adversely affect their employment. This is a very real concern on the part of many folks considering filing bankruptcy in the […]

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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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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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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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