Protecting Your Property

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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Three Plans For Fixing the Mortgage Mess

08/12/11

While the finger pointing continues little is being done by the President and Congress to stem the tide of rising foreclosures.  The Brookings Institute examines three alternative plans on how the government might actually fix the mortgage mess. The first solution proposed by Eric Posner of the University of Chicago Law School and Luigi Zingales of the Booth School [...]

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Feds For Foreclosures into Rentals, Hey! How About Stopping Foreclosures?

08/11/11

Today was a most interesting read of the newspaper. Financial stories abound each day, the news is filled with tales of the stock market crash and the double dip recession (was there ever a rise to double dip?). Here are a smattering of headlines that caught my eye: Student Loans: A Crisis in Waiting? Americans [...]

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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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Are There Alternatives to Bankruptcy?

07/10/11

Are There Alternatives to Bankruptcy?  Some things that you might consider doing as an alternative to filing bankruptcy would be to sell assets that you may have to pay your debts. Also, you might want to try to negotiate with your creditors to see if you can either reduce the balance owed or renegotiate your [...]

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When Can Bankruptcy Stop Creditors From Taking My Property?

01/26/11

No doubt you have heard the terms “unsecured” and “secured” creditors? But what do these terms really mean? In reality, the concepts are quite simple. First off, a creditor is generally someone who is owed money. A common example is when you take out a bank loan. Here you owe the bank a certain amount…

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