Bankruptcy Discharge

In re: Iftikhar, No. 10-54579 SLJ (Bankr. ND Calif., March 15, 2011). Companion Blog

09/24/11

In Chapter 13 bankruptcy, you may be able to ask the court to lower the amount that you owe on a mortgage.  Actually, it is slightly more complicated than that, but it boils down to the same thing. If you have a mortgage that you owe more on than your home is worth, the court [...]

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Disclosure, disclosure, disclosure

09/19/11

It’s often said that the three most important things about the value of real estate are location, location and location.  One of our local bankruptcy judges has stated (in my opinion correctly) that the three most important words related to a bankruptcy filing are disclosure, disclosure, and disclosure. Why Bother? I recently attended a 2 day [...]

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Want a Successful Discharge? Things NOT to do Before a Bankruptcy

08/23/11

Things you shouldn’t do right before filing for bankruptcy If you’ve made the decision to file for bankruptcy, you’re making the choice to get back on track to financial stability. If you know you’re going to file soon, there are a few things you should remember not to do, as they will damage your bankruptcy [...]

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When Would I Convert from Chapter 7 to Chapter 13 Bankruptcy?

08/20/11

Although debtors are typically required to pay at least some of their unsecured debts in Chapter 13, and are required to complete a plan, it may sometimes be strategic to convert a Chapter 7 case to Chapter 13.  When would this be? If a creditor objects to your chapter 7 case, the court may dismiss [...]

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Student Loans: Until Death Do Us Part

08/13/11

It is not unusual in my practice to see student loan debts well in excess of $100,000 and clients that have minimal prospects for ever paying back the debt. Since the standard for discharge of these debts in bankruptcy is so high (see article below), often I find clients who have resigned themselves to owing [...]

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The Bankruptcy Process

08/09/11

What steps need to be taken when you file for bankruptcy?  How will the thing pan out?  To avoid the fear of the unknown, here is a general run-down of the basic steps of filing for bankruptcy and receiving a discharge. Before you file your petition, you are required to complete the counseling requirement.  This [...]

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Options for Dealing with a DL30 Driver License Suspension

08/07/11

Options for Dealing with a DL30 Driver License Suspension In the State of California, if a driver is involved in an automobile accident and is at fault and does not have sufficient insurance to cover the damages caused by the accident, the driver will typically receive a DL30 License Suspension. Basically, the way a DL-30 [...]

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You Can Keep Your Car During Chapter 7 Bankruptcy, But Should You Sign a Reaffirmation Agreement?

08/06/11

In our current tenuous economic climate, more and more normal, honest, hardworking people are turning to bankruptcy for relief from overwhelming debt. In fact, most people who file for bankruptcy are perfectly responsible citizens who have lost homes, lost law suits, incurred unexpected medical bills or other large, unforeseen expenses. One of the most commonly [...]

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Befuddled by Student Loan Consolidation

08/03/11

It is a harsh reality of today’s post-collegiate environment – two-thirds of all students now graduate with burdensome debt that can follow for many years to come. Following a recent news story on CBS Evening News, a comment was made that a student CAN have their federal student loans discharged in a Chapter 7 bankruptcy [...]

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Bankruptcy Discharge

07/21/11

A bankruptcy discharge is one of the most common reasons for filing for bankruptcy.  A discharge releases you from personal liability for debts that qualify under federal law.  It is a permanent order granted by a bankruptcy court.  Any debts you successfully discharge in bankruptcy will basically disappear and your creditors can never come after [...]

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