Tag 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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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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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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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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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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