Category Archives: personal bankruptcy

MILITARY VETERAN’S BONUS REPAYMENT IN BANKRUPTCY

Military Veteran’s Bonus Repayment Demands are Dischargeable in Bankruptcy   You served your country. You agreed to re-enlist based on the offer of a bonus. You gave up time with family and risked your life based on the payment of a reenlistment bonus from your government. All of you lost precious time. That time can…

The Interplay Between Divorce And Bankruptcy

Divorce and Bankruptcy It is often said that most divorces are caused by financial struggles. When a family is facing significant financial problems, the stress levels can be high and cause serious conflict. This type of conflict is difficult to recover from, especially if one of the spouses feels they are doing more to contribute…

What Can I Do If A Creditor Won’t Stop Calling Me After I File Bankruptcy?

Why Creditors Hate Automatic Stay in Bankruptcy Many times the decision to file bankruptcy is made because a consumer debtor is receiving too many collection calls or letters or is being sued by a lender. The constant calls can quickly escalate to the level of nuisance and filing bankruptcy may be the only way to…

Do you have the right to sue or collect money from anyone? You may lose that right in Chapter 7 Bankruptcy

Do you have the right to sue or collect money from anyone? You may lose that right in Chapter 7 Bankruptcy, and even worse, if you are not careful. Bankruptcy effects your right to sue others. It effects your right to collect money from others if the basis for that claim comes from something that…

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.…

Bankruptcy Timelines

If I Had a Prior Chapter 7 or Chapter 13 Bankruptcy, Can I File a New Bankruptcy Case? The answer to that is a definite “maybe.” Timing is everything in this. It is vital to get the timing right or a new bankruptcy filing can quickly turn into a nightmare with disastrous results. Below is…

What Is A Chapter 20 Bankruptcy?

What Is A Chapter 20 Bankruptcy?      Even if you are not familiar with bankruptcy law lingo, you may have heard friends or a family member talk about the different types of bankruptcy chapters. Or, you may have seen a news story about a company filing for Chapter 11 bankruptcy, which is the part…

How Can I Stop Creditors From Harassing Me?

How Can I Stop Creditors From Harassing Me?   If you are behind on your bills, the chances are high that your creditors are calling or writing you in an attempt to collect their debt. While lenders have the right to try to collect what is due, they do not have the right to engage…