Author Archives: markaalam

Workers Comp Settlement or Award

When you file for bankruptcy relief, you get to retain certain claims and keep certain assets, up to amounts specified by San Diego bankruptcy law.  One such claim or benefit that you get to keep is workers compensation benefits or … Read More

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Employment Withholding Taxes

Whether employment withholding taxes can be eliminated in bankruptcy in San Diego depends on the nature of the taxes at issue. 

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Car Loan Before Bankruptcy

Getting a car loan before bankruptcy in San Diego is permissible under certain circumstances, but can pose a couple of potential problems.

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Sales Taxes In Bankruptcy

California is one of the few states in which sales taxes can be included in bankruptcy in San Diego. 

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Criminal Restitution in Bankruptcy

Bankruptcy law, including San Diego bankruptcy law, aims to reach a balance between the goal of helping a debtor get out of debt and protecting creditors and injured victims whose interests might outweigh a debtor’s need for a fresh start.

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How Will Bankruptcy Impact My Credit Score?

Choosing whether to file bankruptcy is a very difficult decision, even when it is strongly recommended by your lawyer that you file in order to get out of debt.

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Bankruptcy – How it Helps

One of the main reasons that people consider filing bankruptcy in San Diego is to either reduce their debt or get out of debt. If you're thinking about bankruptcy, you may be wondering how or if a bankruptcy filing would … Read More

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Which Type of Bankruptcy Is Right for Me?

Of the six different types of bankruptcy, there are four different types of bankruptcies generally available to consumers filing bankruptcy in San Diego.

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Married Couple Filing Separate Bankruptcies

It is quite common for me to get a call from a new client wanting to know if a husband or wife can file a bankruptcy in San Diego without his or her spouse.

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Emergency Bankruptcy to Stop Foreclosure

Filing bankruptcy to stop an imminent foreclosure of your home, if done solely with the intent of delaying a foreclosure, could subject you to sanctions by the San Diego bankruptcy court.

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Credit Card Before Bankruptcy

Getting a credit card before filing bankruptcy in San Diego is legally permissible and ethically proper, provided that you do not plan to eliminate the credit card debt in bankruptcy.

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Bankruptcy for a Repossession

Are you considering filing bankruptcy in San Diego for a vehicle repossession?  If you had your car or truck repossessed, chances are your car loan lender sold the car or truck for auction value, which is usually way less than … Read More

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Funeral Expenses

The passing of a loved one is devastating to a family.  A death in the family can reduce household income, leading to added financial stress and consequently considering your San Diego bankruptcy filing options.

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Get Out of Debt Fast

When attempting to regain control of your credit card debt and other outstanding debts, you have a few different options to help you get out of debt.   Some options may take a long time, perhaps years, and some options can … Read More

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Eligibility for Chapter 13 Bankruptcy

If like many San Diego County residents your money has run out and expenses and bills keep piling up, you may have no choice but to file for bankruptcy.  If you are behind on your mortgage or car loan payments, … Read More

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Qualifying for Chapter 7 Bankruptcy

Chapter 7 bankruptcy is a type of liquidation bankruptcy that provides debt relief to individuals and businesses, assuming that you can qualify for Chapter 7 relief.

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Intent to Deny Security Clearance

If you have military security clearance in San Diego or an assignment to a sensitive position in the Navy or other branch of the armed forces, you must maintain your finances responsibly, either paying your debts or filing bankruptcy so … Read More

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Can Bank Take IRA Account?

When you file bankruptcy San Diego, it is important to discuss with your bankruptcy attorney, from the outset of representation, which banks you hold accounts at and whether you owe those banks any money.

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Average Credit Score

What is the average credit score after bankruptcy?  If you are considering bankruptcy, you will certainly want to know the answer to this question.

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Income In a Bankruptcy Case

Income in bankruptcy can be important for a number of different reasons.  Income is crucial in passing the Means Test, for determining your disposable income, and for determining your Chapter 13 plan payments.  There are many potential pitfalls in preparing … Read More

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Child Care in Bankruptcy

Child care can be expensive, especially daycare for young children.  For many people filing bankruptcy in San Diego, a critical question is whether they can pay for child care in a bankruptcy case.

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Federal Government Help Failed

Today's tough economic times are increasingly placing consumers in financial turmoil. More people in San Diego than ever before are suffering from overwhelming credit card debt.  The Federal Government has made an effort, albeit a weak one, to give financial … Read More

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Stocks in Bankruptcy

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 … Read More

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Equity in Home

The equity in your home refers to the value of your interest in your house.  As any bankruptcy attorney will tell you, understanding the meaning of equity is crucial to a successful bankruptcy filing.

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Benefits of Homestead Declaration

Whether you're filing bankruptcy in San Diego, or facing a judicial sale outside of bankruptcy, you are entitled to an automatic homestead exemption.  So why would you want to file a Homestead Declaration in San Diego?

Posted in Bankruptcy Exemptions, Get Out of Debt | Leave a comment

5 Key Benefits of Chapter 7 Bankruptcy

The great majority of individuals filing bankruptcy in San Diego, seek protection under Chapter 7 of the Bankruptcy Code.  In a Chapter 7 bankruptcy, all of your debts that can be eliminated under San Diego bankruptcy law are eliminated.

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Can Bankruptcy Stop an Eviction?

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.

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Can Debt Consolidation Avoid Bankruptcy?

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 … Read More

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Postpone a Foreclosure

There are various methods to postpone a foreclosure of your home.  Most of the methods are completely dependent upon the whim of your lender or provide only temporary relief.  But one of the methods, filing a Chapter 13 bankruptcy in San … Read More

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Loan Mod in Bankruptcy

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,” … Read More

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Keep Tax Refund

If you are like many people who have their taxes automatically deducted from their paycheck, then receiving a tax refund may be something that you have come to rely upon.  If you are considering your debt relief options, including bankruptcy, … Read More

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What Is Bankruptcy?

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 … Read More

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Property Taxes in Bankruptcy

Treatment of taxes in bankruptcy in San Diego will depend on when the taxes were incurred.  With property taxes, the general rule is that property taxes can be eliminated by your bankruptcy attorney if they are over 1 year old.  … Read More

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Respond to Summons

For most people, receiving a summons for credit card debt, or any other type of debt, is a stark realization that you need to face and deal with a debt.  A summons, which marks the beginning of a lawsuit, usually … Read More

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Education IRA in Bankruptcy

An education IRA, also called an Education Savings Account (ESA), is a type of savings account that is treated similar to an IRA for tax purposes and used to save up money to pay for the education expenses for you … Read More

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Short Sale After Bankruptcy

After you file bankruptcy in San Diego, in most cases you will keep your home and other real estate, even if you surrendered your property in your bankruptcy case.  A short sale after bankruptcy can be a practical way to get yourself … Read More

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HOA Lawsuit

If you have been served with an HOA lawsuit, you may be surprised and wondering what rights an HOA has to sue you. Well, as a homeowner in California, you are subject to the CC&Rs recorded against your home. If … Read More

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Homestead for a Trailer

The homestead exemption for protecting your equity in real esate clearly applies to a house built on permanent foundation on land.  But does the exemption apply equally and with full force to trailer or mobile home?  It depends on where you … Read More

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Inheritance and Bankruptcy

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 … Read More

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Credit Card Lawsuit

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 … Read More

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Homestead Exemption Declaration

What property you get to keep when you file for bankruptcy in San Diego is dictated by your "exemptions,"  which are a set of laws that your bankruptcy lawyer will use to determine much equity in a home you are allowed … Read More

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Residency Requirement for Bankruptcy

Often a new client who has recently become a resident of San Diego will call me and ask, "can I file bankruptcy in San Diego?"  Anyone can file bankruptcy in San Diego if they have lived in San Diego for … Read More

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Money Owed to Me

Recently I had a new client ask me, “can I file bankruptcy if somebody owes me money?”  Whether you can file bankruptcy in San Diego when somebody owes you money will depend, in large part, on the amount of money … Read More

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Do I Have to File Taxes?

When you file bankruptcy in San Diego, you have to provide the bankruptcy trustee with a copy of your most recently filed tax returns, or else your case can be dismissed.  But what if you don't have to file taxes?

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Garnishment of Social Security

When ordinary creditors, such as a credit card company or car lender, file a lawsuit against you and obtain a judgment, they can take your wages through a wage garnishment and can take the money in your bank account through a … Read More

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700 Credit Score

Is it possible to have a 700 credit score after bankruptcy, and if so, how long does it take to get a 700 credit score?  While there is no set formula for determining what your credit score will be after bankruptcy, … Read More

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Pass Means Test

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 … Read More

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Should I File Chapter 13?

If you are considering your debt relief options, you may be asking, “Should I file Chapter 13 bankruptcy in San Diego?”  In some cases, your San Diego bankruptcy attorney may recommend that you file for Chapter 13 because you won't qualify … Read More

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Should I File Chapter 7?

If you have been looking into your bankruptcy options, you may be asking, “should I file Chapter 7 bankruptcy in San Diego?”  In many cases, Chapter 7 is the preferred remedy recommended your San Diego bankruptcy lawyer becuase you can … Read More

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Military Security Clearance

Certain members of the military have military security clearance which grants them access to sensitive classified information. If you have military clearance and need to file for bankruptcy in San Diego, you'll want to do everything possible to keep your … Read More

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House In Foreclosure

If you have fallen behind on your mortgage payments and you have a house in foreclosure, a San Diego bankruptcy attorney can show you your various debt relief options and remedies to stop foreclosure and protect your home ownership dream.

Posted in Foreclosure, Stop Foreclosure | Leave a comment

Notice of Default

The Notice of Default is the statutory legal notice that formally starts the foreclosure process in San Diego, California.  Once this formal default notice is filed with the county recorder, you have 90 days to bring your loan current and … Read More

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600 Credit Score

Many bankruptcy filers are surprised to find out that they can have a 600 credit score, or higher, within a couple of years after fling bankruptcy in San Diego.  If you have had financial setbacks and your credit score is in … Read More

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Social Security Garnishment

Ordinary, non-government creditors (credit cards, medical bills, home loans, car loans, etc) cannot garnish your social security benefits to repay a debt.  This includes Social Security Income (SSI), Social Security Disability Income (SSDI), or other social security benefits.

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Buy a Car Before Bankruptcy

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 … Read More

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Money in Bank After Bankruptcy

When you file bankruptcy San Diego, an automatic bankruptcy stay goes into effect by operation of law, that freezes collection activity.  The bankruptcy stay prohibits your creditors from attempting to collect a debt against you.  That means that your creditors … Read More

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Wipe Out 2nd Trust Deed

A 2nd trust deed refers to the lien that the holder of your 2nd mortgage or home equity line of credit has against your home.  A trust deed is just another name for a deed of trust, which is the … Read More

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Online Bankruptcy Filing

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.

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Will Employer Find Out?

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 … Read More

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Bankruptcy Payment Plans

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.

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Credit Card Garnishment

A common question asked by new clients is: how can credit cards garnish wages?  Credit cards can garnish your wages just like any other creditor can garnish wages.  In short, this means they will sue you, usually obtain a judgment … Read More

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Short Sale In Bankruptcy

If you want to do a short sale in bankruptcy San Diego, you will need the permission of the bankruptcy court.  An experienced San Diego bankruptcy attorney can obtain such permission for you.

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Bankruptcy on Unemployment

If you have lost your job and are receiving unemployment, you may be wondering, “can I file bankruptcy while on unemployment?”  Depending upon your other sources of income, if any, you may be able to qualify for bankruptcy on unemployment.

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HOA Fees After Bankruptcy

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 … Read More

Posted in Bankruptcy | 2 Comments

Stop Charging Credit Cards

A common question I am asked by new clients is, “when should you stop charging credit cards before bankruptcy?”  The answer is both simple and complex.

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Foreclosure Sale Date

Many people have a general belief that bankruptcy does stop a foreclosure sale.  However, this is not always the case.  So, does a San Diego bankruptcy filing stop a foreclosure?

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Sue Me After Foreclosure

One of the most common questions I’m asked from clients is, “can my lender sue me after foreclosure in San Diego?” Generally, your lender cannot sue you on a 1st mortgage, but it may be able to sue you on … Read More

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Stop Foreclosure Sale

Today a client called me and asked, as many of my clients have in the past, if bankruptcy will stop a foreclosure sale.  Well, it depends on what type of bankruptcy you file.

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Guilty About Bankruptcy?

Bankruptcy is your Federal legal right and your given to you by our founding fathers and guaranteed by the constitution.  There is simply no shame or guilt to feel about exercising your legal and constitutional right.

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I Make Too Much Money

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 … Read More

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Should I File Bankruptcy?

Have you asked yourself the question, should I file bankruptcy?  If so, you probably have a lot of questions.  You may be unsure of what the effect is on your credit, or you may be concerned about what others will … Read More

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IRS Wage Garnishment

When you owe taxes, the Internal Revenue Service (IRS) can garnish your wages without even going to court and obtaining a garnishment order.   This is in contrast to ordinary creditors, who must sue you, get a judgment against you, and … Read More

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Trust Assets

When you file bankruptcy, you must disclose to the bankruptcy court ALL of your assets. This includes the requirement that your bankruptcy attorney must disclose all of your trust assets in bankruptcy San Diego.

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Get Out of Debt – San Diego Attorneys

If you have searched for a bankruptcy attorney, you may have found or heard of one or more attorneys from various sources.  Perhaps you heard a radio commercial, jotted down a phone number, and called to schedule an office consultation.

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Bankruptcy Filings Steady

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.

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Famous Bankruptcies

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.

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Bankruptcy Disclosures

The bankruptcy laws are designed to give the honest debtor (someone who has filed bankruptcy) a fresh start.  As your bankruptcy lawyer will explain to you, there are severe sanctions for failing to honestly disclose all of your assets, liabilities, income, … Read More

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Bankruptcy Class

During the initial consultation with my clients, I always advise my clients that they need to complete a bankruptcy credit counseling class.

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Charging Credit Cards

Debts incurred through fraud are nondischargeable (they are not discharged) in bankruptcy, provided that your creditor files an adversary lawsuit and proves that the debt was incurred through fraud.  The fraud refers to a legal definition of fraud within the context … Read More

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TARP Funds Gone

Why are lenders increasing foreclosures rates, and filing more and more lawsuits, forcing borrowers into bankruptcy, now that TARP funds are gone?

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Can a Creditor Garnish Wages?

Perhaps the most daunting debt collection practice is wage garnishment, a process by which your creditor can takes your wages from your paycheck in repayment of a debt.  Can any creditor garnish wages when you fall behind on your payments, for … Read More

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Qualify for Bankruptcy

In order to qualify for bankruptcy, you need to meet certain requirements.  There is a limitation on how much in assets you can keep, as well as a residency requirement.  You have to pass the Means Test, and there are … Read More

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Wild Card Exemption

Your bankruptcy exemptions provide for what property you get to keep when you file bankruptcy in San Diego.  There are federal exemptions provided for by the federal bankruptcy law, and state exemptions provided for by the laws of various states.  Federal … Read More

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Gay Marriage Bankruptcy

Bankruptcy law allows a couple who is “married” to file a joint bankruptcy petition with his or her “spouse.”  How is this law applied to a gay marriage and can a gay married couple file bankruptcy together?

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Keep Credit Card?

A question frequently asked by many of my clients is, “can I keep my credit card if I file bankruptcy in San Diego?  As any bankruptcy attorney will tell you, the answer to this question depends on the balance owed … Read More

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Bankruptcy TV Commercials

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 … Read More

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Disclose Assets

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.

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Lavish Spending on Luxuries

Some people figure that they are filing bankruptcy so they might as well go on a spending spree and "max out" their credit cards.  Charging up a credit card before bankruptcy in San Diego is a bad idea because it … Read More

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Fraudulent Transfer Forethought

Transferring assets before filing bankruptcy in San Diego is generally a bad idea.  The transfer could be unwound by the San Diego bankruptcy trustee or your creditors. 

Posted in Bankruptcy, Bankruptcy Exemptions | 2 Comments

The Perfect Plan

When you file Chapter 13 bankruptcy you have to propose a Chapter 13 bankruptcy plan that will ultimately be "confirmed" (approved) by the San Diego bankruptcy court.  If your Chapter 13 plan is not confirmed, then all the hard work … Read More

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Bank Closed Account

Sometimes banks will freeze your bank accounts, or worse, close your account, when you file bankruptcy in San Diego.  This can cause a serious disruption with your finances.  If you receive direct deposit, and your bank decides to freeze your account, … Read More

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Benign Bankruptcy Trustee

Many of our clients come to us thinking that when they file bankruptcy they will have to appear before a bankruptcy judge.  In the vast majority of cases, you will never have to appear before  a bankruptcy judge.  Instead, you … Read More

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Married Filing Alone

If you are married and have already come to the determination that filing bankruptcy is the right solution for your individual situation, the next question you have to ask is how you should file bankruptcy.  That is, should you file … Read More

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Perform a Lien Strip

It is becoming quite frequent for new clients to call me and ask me if they can do a lien strip in bankruptcy.  Just what exactly does it mean to do a lien strip?   A lien strip, or a loan … Read More

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Bankruptcy and Businesses

If you are a business owner then continued operation of your business is your livelihood.  You may need to file bankruptcy in San Diego, but if it means giving up your business then bankruptcy is not an option.

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Bankruptcy and Belongings

Many people are under the mistaken belief that you have to give up your home, your car, and other belongings when you file bankruptcy.

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Bankruptcy Credit Counseling

Practically every day when I mention to a new client that they have to complete a bankruptcy credit counseling course before they can file bankruptcy, I get a momentary look of discontentment.

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Bankruptcy For FICO

Many times I meet with clients who are misinformed about how bankruptcy affects your FICO credit score and are under the mistaken belief that if you file bankruptcy your credit score will necessarily go down.

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Filing Bankruptcy Again

Often times I am asked by a new client who has filed bankruptcy before, "can I file bankruptcy twice?"  First, I always start by explaining to my clients that the bankruptcy law does not necessarily place a limit on how … Read More

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Drive Outta Bankruptcy

A common concern I hear during an initial bankruptcy consultation is “can I keep my car if I file bankruptcy?”

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Bankruptcy Myths and Misconceptions

There’s a lot to know when it comes to the ins and outs of bankruptcy. Most people view bankruptcy as a way to eliminate your debts and get a fresh start, but it’s not as simple as that.  Bankruptcy is … Read More

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Keeping Liquor Licenses

If you own a restaurant or a bar then you probably have a liquor license.  If you own a liquor license and need to file bankruptcy you may be asking yourself, "Can I keep my liquor license if I file … Read More

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Considering Filing Bankruptcy

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 … Read More

Posted in Bankruptcy | 1 Comment

Credit Card Bankruptcy

A common question asked by many of my clients filing a credit card bankruptcy in San Diego is whether they have to file bankruptcy on a particular credit card.  These clients want to keep a credit card so that they … Read More

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Bankruptcy Freeze

Credit card debt collectors can be merciless with their relentless phone calls, early in the morning, late at night, or during dinner. Banks and home mortgage services can be unforgiving if you fall behind on your home mortgage payments and begin … Read More

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Our Bankrupt Presidents

Do you need to file bankruptcy San Diego, but are worried about what people may think?  Bankruptcy is a positive solution and after declaring bankruptcy you can enjoy continued success and continue doing great things.

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Bankruptcy On Taxes

It is quite often that I have a client ask me, “can I file bankruptcy on Taxes?"  Many clients are surprised to learn about the often beneficial treatment of taxes in bankruptcy.  In short, depending on how old taxes are … Read More

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Your Legal Right

When our Founding Fathers drafted the United States Constitution, they understood that bad things happen to good people.  So they created the Right to Bankruptcy in the United States Constitution. 

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Bankruptcy Legal Center Blog

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.

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