Tag Archives: Chapter 13

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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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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California Foreclosures on the Rise Again

While it may not have felt that way to anyone in the Bay Area facing a possible foreclosure over the last year, the initiation of the foreclosure process—the recording of a Notice of Default by the mortgage lender—had been in decline over the first two quarters of this year. That was then. As reported by […]

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