filing 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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Quick Guide to Fees and Costs Associated With Filing Bankruptcy

01/08/12

Chapter 7 Fees Chapter 7′s typically take about three months from start to finish. Your lawyer would normally charge from $800.00 to $2000.00, depending on several factors such as how many people are filing, how much debt you have and what types of debt you have. Chapter 13 Fees Chapter 13′s typically run from three [...]

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The “341 Hearing” – What Should I expect?

10/02/11

The creditors’ meeting, otherwise known as 341 meeting, is a procedural step in every Chapter 7 and Chapter 13 bankruptcy. In a typical 341 meeting, the debtor will be asked questions under oath by the bankruptcy trustee with respect to his or her financial affairs. Most debtors are apprehensive of the 341 meeting. While 341 [...]

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San Jose Bankruptcy Lawyers Raise Concerns over Perceived Trustee Abuses

08/27/11

At a recent meeting of our Chapter 13 Committee meeting, a group of Bay Area bankruptcy attorneys who meet monthly to discuss recent developments in consumer bankruptcy law, a lively discussion erupted among a group of 40-50 local practitioners over Bay Area Chapter 7 panel trustees’ increased reliance upon lengthy questionnaires and blanket document requests [...]

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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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Filing Bankruptcy Without an Attorney

06/28/11

According to the state bar, 40-50% of Arizona bankruptcy filings occur without an attorney (“pro se” in legalese).  Most individuals who file for bankruptcy are at rock bottom, and do not believe they can afford an attorney, or that it will be necessary to a successful outcome of the proceedings. However, the importance of an [...]

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Reaffirmation Agreements–What are they and why should I hope the Judge does not approve mine?

01/19/11

Sticking with our recent theme in blog entries, we decide to touch on reaffirmation agreements this week. Debtors who file a Chapter 7 bankruptcy in Arizona, and owe money on their house or car, are virtually certain to run across one or more of them. Leaving homes for another day, here is a quick rundown…

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