When you file bankruptcy in San Diego, treatment of stocks turns mainly upon the type of account in which your stocks are held.  The type of account is important because retirement accounts are much more protected in bankruptcy that are ordinary accounts. More

Most people assume that because bankruptcy will stop a lawsuit, it will stop an eviction lawsuit as well.  Filing bankruptcy will stop an eviction in San Diego, but only temporarily. More

If you are on the verge of having to declare bankruptcy, you may have considered debt consolidation as an option. Debt consolidation consists of taking out one loan to pay off your existing loans. You will usually be able to get a lower interest rate, which means your monthly payments will be lower.  But can debt consolidation avoid bankruptcy? More

If your home mortgage payments are so high that you cannot afford to keep your home, you can try to ask your lender to modify your loan.  Colloquially, this is referred to as asking your lender for a “loan mod,” which is short for what your bankruptcy lawyer or loan broker would refer to as a loan modification or restructuring of your mortgage loan. More

Bankruptcy is one of your constitutional rights that you exercise by filing a legal proceeding to eliminate all of your debts that you are able eliminate under bankruptcy law.  Most people file bankruptcy in San Diego under Chapter 7 and Chapter 13, and chances are your bankruptcy lawyer will recommend that you file under one of these two chapters. More

Inheritance is a tricky issue in bankruptcy cases. Treatment of inheritance in bankruptcy in San Diego depends on how much you receive as inheritance and when you receive it.  Since you don't always know exactly when you are going to receive an inheritance, you'll need advice from an experienced bankruptcy lawyer on how to protect inheritance in bankruptcy. More

When you are sued and handed credit card lawsuit papers, there will be a summons that will state how long you have to respond to the lawsuit.  In San Diego, California, credit card lawsuits are usually served with a summons that gives you 30 days to file a response to the lawsuit. More

A general rule of thumb to use in determining if you can pass the bankruptcy Means Test is that if you if you are under median you pass, and if you are over median, you fail.  But this is just a general rule of thumb.  With the help of an experienced San Diego bankruptcy lawyer, you can be over median and still pass. More

Buying a car for cash (without a loan) usually will not pose any problem for your bankruptcy filing, provided that the value of the car is covered by your applicable bankruptcy exemptions.  However, when you take out a loan to buy a car before bankruptcy, it can become problematic.  A San Diego bankruptcy attorney can explain the do's and dont's so that you do not jeopardize your bankruptcy filing. More

Online bankruptcy filing in San Diego refers to filing bankruptcy through the internet as opposed to walking into the San Diego bankruptcy court and handing the court clerk a stack of papers and documents that is required for filing a bankruptcy. More

When you file bankruptcy, it becomes part of the public record, but not in the way that many people may think. When you file bankruptcy in San Diego, it is not typically published in the newspaper (unless for some reason it was newsworthy), or broadcast on the Internet or radio. More

Today I spoke to a new client who just got sued by a credit card company and sounded like she was in tears because, she said, she cannot afford to file bankruptcy in San Diego. More

With HOA lawsuits on the rise, I frequently get a call from a new client asking, do I have to pay HOA fees after bankruptcy?  When you file for bankruptcy, all homeowner association (HOA) fees that were due up until the date that you file bankruptcy are wiped out.  However, you continue to remain liable for HOA fees as long as you remain on title to the property. More

Guilty About Bankruptcy?

7 Reasons Why You Should Not Feel Guilty about Bankruptcy

1.  It’s Your Constitutional Right

Simply put, bankruptcy is your constitutional right written into the U.S. Constitution by our founding fathers who founded the United States over 200 years ago.  Why feel guilty about exercising your constitutional right?  It’s your legal right created with the intention that you’ll use it when you need it. More

I Make Too Much Money

Do I Make Too Much Money To File Bankruptcy?

Some clients just make too much money to file bankruptcy, or, more precisely, to file a Chapter 7 bankruptcy and eliminate all of their debts.  If you are a high income earner, you may actually make too much money to file bankruptcy. More

Bankruptcy Filings Steady

Pace of San Diego Bankruptcy Filings Is Remaining Steady in 2011

A report has recently been released by various newspapers sources stating that bankruptcy filings are down about 8% for the time period covering the first 6 months of 2011, as compared to the same period in 2010.  While this may be true for the United States as a nation, it is entirely accurate for California. More

Famous Bankruptcies

Famous People Who Declared That They or Their Business Was Bankrupt

In my blog entitled Our Bankrupt Presidents, I mentioned four U.S. Presidents whose faces grace our money and have all declared at some point that they were bankrupt.  It’s not just our U.S. Presidents who have had money troubles.  Esteemed authors, revered movie directors, and famous celebrities, have all declared that they were bankrupt.  I’m referring to people whose books you’ve read, whose movies you’ve watched, people who you see in your favorite movies or TV shows, and athletes whose teams you may be a fan of. More

Bankruptcy Disclosures

Bankruptcy Crime of Failure to Disclose Assets

The bankruptcy laws are designed to give the honest debtor (someone who has filed bankruptcy) a fresh start.  There are severe sanctions for failing to honestly disclose all of your assets, liabilities, income, expenses, and financial affairs when you file bankruptcy. More

TARP stands for the Troubled Asset Relief Program, enacted during the end of President Bush’s last term of presidency, that provided for the federal government to purchase troubled assets from banks and other financial institutions to help strengthen the economy.  Under TARP, the federal government would purchase up to $700 billion in defaulted loans, mortgage backed securities, and other troubled assets. More

It's no secret that television bankruptcy commercials are an expensive form of advertising relative to other types of ads.  This is one main reason why you see so few attorney bankruptcy commercials on TV in San Diego.  Are there good bankruptcy attorneys that run TV bankruptcy commercials? More

When you file bankruptcy in San Diego, you must fully disclose all of your finances.  This includes the requirement that you have to disclose all assets when you file bankruptcy, along with disclosing all of your debts, income and expenses. More

Bankruptcy and Businesses

Can I File Bankruptcy If I Have a Business?

If you are a business owner then continued operation of your business is your livelihood.  You may need to file bankruptcy but if it means giving up your business then bankruptcy is not an option.  For this reason, in bankruptcy businesses can be a sensitive subject. More

Bankruptcy and Belongings

Exemptions Let You Keep Property and Assets

Many people are under the mistaken belief that you have to give up your home, your car, or your other assets when you file bankruptcy.  That is not at all the case.  Others are uncertain about that happens to your belongings when you file bankruptcy.  You may be wondering, “can I keep my home if I file bankruptcy?” or “can I keep my car if I file bankruptcy?” More

Filing Bankruptcy Again

Can You File Bankruptcy Twice?

Limits on Filing Bankruptcy

Often times I am asked by a new client who has filed bankruptcy before, "can I file bankruptcy twice?"  First, I always explain to my clients that the bankruptcy law does place certain limits on repeat bankruptcies but those limits are more on the amount of times that you can obtain a discharge of debts within a given period and not the number of times that you can file for bankruptcy. More

Considering Filing Bankruptcy

Is Filing Bankruptcy Right for Me?

Erasing your debts and starting over financially can be very appealing when you’ve been struggling with bills and averting creditors for years. Anyone considering bankruptcy should be aware of the pros and cons of filing or not filing before making a decision. More

Do you need to file bankruptcy San Diego, but are worried about what people may think?  When bankruptcy is financially the right thing to do for you and your family, don’t be afraid.  Bankruptcy is a positive solution and after declaring bankruptcy you can enjoy continued success and continue doing great things. More

Welcome to the Bankruptcy Legal Center San Diego bankruptcy law blog, where you will find commentary on important legal issues in San Diego bankruptcy law. More