Category Archives: Exemptions

Mistake #3: Not making a “Motion to Compel the Trustee to Abandon Debtor’s Business”

This is a Countdown of the Top 12 Malpractice Mistakes Made by California Bankruptcy Attorneys   Mistake #3: Not making a “Motion to Compel the Trustee to Abandon Debtor’s Business” from the Chapter 7 bankruptcy estate.   Note: This article focuses on California bankruptcy attorneys and may reference California and 9th Circuit case law. However, most…

Mistake #2: Not making a “Motion to Compel the Trustee to Abandon Real Property

This is a Countdown of the Top 12 Malpractice Mistakes Made by California Bankruptcy Attorneys   Mistake #2: Not making a “Motion to Compel the Trustee to Abandon Real Property” to remove the exempt home from the bankruptcy estate.   Note: This article focuses on California bankruptcy attorneys and may reference California and 9th Circuit law.…

Top 12 Malpractice Mistakes. Number 1

This is a Countdown of the Top 12 Malpractice Mistakes Made by California Bankruptcy Attorneys   Note: This article focuses on California bankruptcy attorneys and references California and 9th Circuit law. However, most of the concepts presented here are applicable to bankruptcy attorneys in other states. The 12 issues are not an indication of priority…

How You Can Help Some Clients Avoid the Bankruptcy Means Test

How You Can Help Some Clients Avoid the Bankruptcy Means Test Your client comes in and fails both the initial level and the second level of the Bankruptcy Means Test. The presumption of bad faith is there. What do you do? Maybe you do not have to do anything. Maybe the bankruptcy means test does…

Bankruptcy Exemptions Have Changed in California

Breaking News Bankruptcy Exemptions Have Changed in California As of April 1, 2016, as per the law, the Bankruptcy Exemptions are raised based on the 3 year cost-of-living change. Bankruptcy Exemptions are what the law lets you keep in a Bankruptcy for a “Fresh Start.” In California there are 2 sets of exemptions.   One…

secured debt and the bankruptcy discharge

Can a creditor who has a secured debt discharged in bankruptcy foreclose on my home or repossess my car? People often come to see me asking if a creditor can still foreclose on their home or repossess a car after Chapter 7 bankruptcy or a Chapter 13 bankruptcy reorganization. After all, the debt to the…

What’s In Your Wallet? A Capital One Nightmare for Low Income Consumers!

What’s In Your Wallet? A Capital One Nightmare for Low Income Consumers!   ProPublica is an independent, non-profit newsroom that produces investigative journalism in the public interest. It has been investigating Capital One’s actions against consumers who are unable to pay their credit card debts. What ProPublica found is disturbing. Capital One files more lawsuits against…

How do I know if I need to file bankruptcy?

A Checklist of 33 Indicators That You Should See a Bankruptcy Attorney   Here are 33 warning signs that you might need to file a Chapter 7 Bankruptcy or Chapter 13 debt reorganization plan to control creditors or eliminate your debts. If one or more apply, you should see a bankruptcy attorney as soon as…