Tag Archives: California bankruptcy

Why You Should Never Repay Money You Owe Mom Before Filing Bankruptcy

Given the choice of paying back debts to strangers, like credit card companies, and paying back a debt to a family member or other “insider,” nearly everyone would of course choose to pay back the family member first, right? Of course they would. Doing so within one year before filing bankruptcy, however, may be the […]

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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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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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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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Debt Settlement Programs Don’t Keep Credit Card Companies from Suing You

Once or twice a week, I meet with a prospective bankruptcy client who has called us, frantic, because a credit card company or some third party collection bullies for a credit card company have served her with a lawsuit summons. “I don’t understand why they would sue me,” the debtor will complain. “I’ve been paying […]

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I Was Just Served with a Motion for Relief from Stay. What Is It?

Both Chapter 7 and Chapter 13 bankruptcy provide an important, immediate relief from creditors trying to collect from the debtor. As soon as one of our bankruptcy attorneys files your case, you will get the benefit of the Automatic Stay, which prohibits nearly all of your creditors from collection activity while your bankruptcy case remains […]

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AB 22 Will Help California Bankruptcy Debtors Get Future Jobs

One of the most common questions I am asked by consumer bankruptcy clients is “will my bankruptcy affect my ability to get a job in the future?” As with most questions concerning credit, however, the best I can usually muster in response, is a rather lame “maybe” in response. I can, of course, offer a […]

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