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When Does It Make Sense to Reaffirm an Auto Loan in Chapter 7 Bankruptcy?
Our Bay Area Chapter 7 bankruptcy clients as well as those who have read my previous posts know that I can be fairly hostile to reaffirmation agreements of car loans in bankruptcy. After all, the...
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Why a Sole Proprietor Filing Chapter 7 Bankruptcy Had Better Retain a Good...
If you own and operate a small business as a sole proprietor and are thinking about filing a personal Chapter 7 bankruptcy, I cannot stress enough how important it is that you first seek the advice of...
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Making Voluntary Payments to Student Loans During Chapter 7 Bankruptcy
From time to time, I receive a form letter from a student loan servicing company concerning one of my Chapter 7 bankruptcy clients that goes something like this: “We have received notice that your...
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Reaffirm a Home Equity Loan in California Bankruptcy? Are You Kidding?
Every now and then my San Jose bankruptcy law firm still gets a fat letter from one of the Big Banks soliciting to try to convince us and one of our bankruptcy clients to reaffirm a California home...
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Why Do Big Banks File Frivolous Motions for Relief from Stay in Chapter 7...
I’ve written several articles over the years explaining the Automatic Stay in Bankruptcy, but before I get to the subject of this post—when a creditor’s Motion for Relief from Stay is frivolous—a...
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Those Who Filed Chapter 7 Bankruptcy in 2005 May File Again in 2013
In April 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act, or “BAPCPA” as we bankruptcy attorneys call it. On the day BAPCPA passed, I was interviewed by our San Jose...
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California Bankruptcy Exemptions Given Modest Increase
Those filing personal bankruptcy in California in 2013 can now protect a little more of their assets in a Chapter 7 bankruptcy, and potentially pay a little less into a Chapter 13 plan. That’s because...
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Can The Bankruptcy Trustee Take Money That I Win In a Personal Injury Lawsuit?
No one ever wants to be involved in an accident, but unfortunately, they happen all the time. As the medical bills and other expenses start to pile up because of an injury and/or inability to work,...
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Reverse Mortgages and California Bankruptcy
As many of our clients filing personal bankruptcy get older, we often see clients who have taken reverse mortgages on their homes. Either because they needed income to live on or to deal with a...
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US Supreme Court Decision in In re Law Limits Courts’ Discretion to Paint...
Nearly a year ago, The Supreme Court held in Law v. Siegel (In re Law), No. 12-5196, 571 U.S. ___ (March 4, 2014), that despite a debtor’s misdeeds, the Bankruptcy Court still has to follow the...
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