Can I keep my property if I file bankruptcy?

Get It Back! Fixing a Fraudulent Transfer Before Bankruptcy in the 9th Circuit

07/10/12

As I recently wrote on the Bay Area Bankruptcy Lawyer Blog, perfectly honest consumer debtors sometimes make the mistake of transferring an asset to a friend or family member before filing bankruptcy.  This can happen innocently enough, as for example, where a debtor gives an old car of little value to an adult child months [...]

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Dealing With a Financial Surprise

05/24/12

There are two typical types of financial setbacks that lead to bankruptcy for most people: a huge surprise, and a slow and steady increase in debt.  If you are on the surprise side of things, as many of us are from time to time, it is important to follow several important steps.  If you just [...]

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I’m Not Current on May Car Payments, Do I Have Options in Chapter 13?

02/06/12

When you are considering bankruptcy, you have often been behind on payments for months.  You have run up credit card debt, and missed payments on your car and mortgage.  And now, perhaps your lender is threatening to repossess your car.  What are your options in Chapter 13 bankruptcy? In Chapter 13, unlike Chapter 7, you [...]

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If Your Debts Are Mostly Secured, Should You File for Bankruptcy?

01/16/12

Many people who have considered bankruptcy are aware of the fact that bankruptcy treats secured and unsecured debts very differently.  If most of your debt is secured, should you even consider bankruptcy? If not, what are your other options? Secured debts are debts that are attached to your assets.  A home mortgage is a good [...]

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Dismissals by Interested Parties

12/04/11

Bennett v. Bennett (In re Bennett), No. 09-44442-BDL (Bankr. W.D. Wash., January 19, 2011). When you file for bankruptcy, any “interested” party can ask the court to dismiss your case.  If the court finds that you abused the bankruptcy laws, by lying or hiding assets, the court will agree and dismiss the case.  You will [...]

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The Power of the Bankruptcy Court

12/04/11

 In re: Moser, No. 09-11945 (Bankr. N.D. Calif., May 18, 2011). In your interactions with the bankruptcy court, it is important to be as kind and respectful, and honest as possible.  The bankruptcy court has a lot of discretion in making important decisions that will influence your life for a long time.  It is not [...]

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What Happens To You When Your Employer Files for Bankruptcy?

11/21/11

When Your Employer Files Bankruptcy… In today’s economic climate, it’s not enough to be careful with your own finances – you may face the bankruptcy of your employer.  Then what?  Does your employer have to continue to pay you, and give you health and retirement benefits?  Will you still be able to get paid what [...]

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Inheritance in Bankruptcy

08/23/11

  What happens when you file for bankruptcy and then receive a large inheritance?  If your receive an inheritance, should you still consider filing for bankruptcy?  Questions involving financial assets can be complicated, and often depend on the timing, as well as the type of asset involved. If you inherit prior to, or within 180 [...]

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Will My Bankruptcy Affect My Spouse?

08/20/11

When you consider filing for bankruptcy, if you are married you will have to decide whether to file jointly or separately.  If you decide to file jointly, it will be important to know:  what will happen to your spouse? What happens to your spouse will depend most heavily on whether your debts are yours alone, [...]

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Appropriate Use of Available Exemptions Will Protect a Debtor’s Property in Chapter 7 Bankruptcy

08/13/11

For those who are considering filing Chapter 7 bankruptcy in San Jose, or elsewhere in California, a common misconception is that the bankruptcy trustee will seize or take away all of a debtor’s existing property.  This is not true. Debtors are entitled to certain exemptions when a bankruptcy is filed.  An exemption allows a debtor [...]

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