Tag Archives: San Jose Bankruptcy attorney

Federal Consumer Protection Agency Cracks Down on Debt Settlement Scam

By Jon G. Brooks | Published: May 8, 2013

In its first-ever criminal referral, the new Consumer Financial Protection Bureau, the federal consumer watchdog agency mandated by Dodd-Frank, has referred a case for criminal prosecution against a debt settlement company, Mission Settlement Agency. The indictment was filed in the U.S. District Court in Manhattan, charging that the debt settlement company’s manager and three employees […]

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I’ve received an “Objection to Confirmation” of My Chapter 13 Bankruptcy Plan. What Do I Do Now?

By Jon G. Brooks | Published: October 31, 2012

Tens of thousands of people in California file Chapter 13 Bankruptcy every year. Filing a Chapter 13 case and getting that case confirmed by your bankruptcy judge, however, are two very different things. The process of getting a Chapter 13 Plan confirmed can be a bit daunting, but like everything else in filing a personal […]

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Make Sure Your Bankruptcy Attorney Is Willing to Defend the Automatic Stay

By Jon G. Brooks | Published: September 29, 2012

Some creditors just don’t get it. They just keep calling and harassing you with demand letters even after you have filed bankruptcy. Sure, the Automatic Stay contained in Bankruptcy Code section 362 is supposed to prevent creditors from continuing with all such collection efforts, but whether due to reckless disregard for bankruptcy law, pure sloppiness, […]

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Thinking About Filing Chapter 13 Bankruptcy in San Jose? Be Sure to File Your 2011 Taxes Right Now!

By Jon G. Brooks | Published: March 25, 2012

The deadline to file your 2011 taxes (this year we have until April 17) is just about three weeks away. It happens every year around now. San Jose Chapter 13 Bankruptcy clients need to file their bankruptcy urgently to stave off a pending foreclosure, stop a lawsuit, bank levy or wage garnishment. But they haven’t […]

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Can I Get a Waiver of the Court’s Filing Fee if I File Chapter 7 Bankruptcy in San Jose?

By Jon G. Brooks | Published: March 10, 2012

The Bankruptcy Court’s filing fee for Chapter 7 cases, which is currently set at $306, can be waived by the court pursuant to 28 U.S.C. §1930(f). However, whether or not a debtor filing Chapter 7 bankruptcy in San Jose will be granted a fee waiver depends not only on the debtor’s ability to prove that he […]

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It Is Possible to Avoid Foreclosure in Chapter 13 Bankruptcy

By Jon G. Brooks | Published: January 27, 2012

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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How to Find a Great Bankruptcy Attorney in San Jose

By Jon G. Brooks | Published: January 15, 2012

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

By Jon G. Brooks | Published: January 1, 2012

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?

By Jon G. Brooks | Published: December 15, 2011

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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Santa Clara County Bankruptcy – Your Meeting of Creditors at the San Jose Division Bankruptcy Court

By Jon G. Brooks | Published: December 6, 2011

Residents of Santa Clara County filing bankruptcy must do so in the U.S. Bankruptcy Court, Northern District of California, San Jose Division. Likewise residents of Santa Cruz, Monterrey, and San Benito counties also must file bankruptcy in the San Jose Division of the Court. This post is aimed at informing our Santa Clara bankruptcy clients […]

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