Author Archives: Mark

The 100% Plan

A 100 percent Chapter 13 plan is a court-supervised repayment plan suitable for high income earners or people with assets of high value.

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Jewelry When Filing Bankruptcy

Contrary to what most may think, jewelry is a type of asset which you are able to keep a large amount when you file bankruptcy to get out of debt.

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Continuing a Trustee Sale

To continue a trustee sale of your home and avert a foreclosure, you must file a Chapter 13 bankruptcy and propose a payment plan that brings your loan current.

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Most Common Reasons People File

Results of our survey of more than a hundred bankruptcy filers to find out what the most common reasons are that people file for bankruptcy in San Diego.

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Property Value Rising in Bankruptcy

Rising property values place your home at risk of being sold by the trustee down the road, so your attorney should protect you and compel abandonment.

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Bankruptcy for My Business

Filing bankruptcy for a business and what it means depends on the assets and obligations, if you personally guaranteed them and future direction of the company.

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Anticipated Tax Refunds

Be sure to discuss anticipated income tax refunds with your attorney and list them in your bankruptcy and make sure they are protected by your exemptions.

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Federal Benefits and Bank Levies

If you are receiving Federal benefits in the form of money deposited in your bank account, the account funds may be protected from a bank levy by creditors.

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Paying Student Loans After Bankruptcy

You must generally start paying your student loans, to the current loan servicer, after you obtain your discharge in Chapter 7 or Chapter 13 bankruptcy case.

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Where Do I File Bankruptcy?

Determining where you file bankruptcy is governed by the rule of venue, which sets forth the federal district where your case must be filed.

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Paying Down Mortgage Loan

Paying down a mortgage before bankruptcy can be a preference, and the trustee can recover the home loan payments and divide the money equally between creditors.

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Paying Off a Car Loan

If you pay off, or pay down, a car loan before bankruptcy, this can be a preference payment and the bankruptcy trustee can recover the money for your creditors.

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Bankruptcy Stay In a Repeat Filing

In a repeat filing to stop a foreclosure, the automatic bankruptcy stay may terminate in 30 days or there may be no stay, depending on the number of filings.

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Hospital Bills and Bankruptcy

In most cases hospital bills in bankruptcy are treated just like credit card debt, and a hospital bill bankruptcy lawyer can help you eliminate your bills.

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Unemployment Overpayments

If you have received unemployment overpayments from the EDD, talk to a San Diego bankruptcy lawyer to see if you can file bankruptcy on the excess overpayments.

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Stop a Commercial Eviction

You can stop a commercial eviction by filing bankruptcy San Diego, provided that you file a Chapter 13 case and repay your back rent through a repayment plan.

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IRA Income and Age Restrictions

When making a deposit into an IRA before bankruptcy to protect assets, beware of certain restrictions on IRA accounts and the age limit on IRA account deposits.

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Difference Between Chapter 7 and 13

The main difference between Chapter 7 and 13 is that Chapter 7 bankruptcy does not require payments and Chapter 13 bankruptcy involves a repayment plan.

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Doctor Bills and Bankruptcy

A doctor bill in bankruptcy is an unsecured debt, except when an injury lawyer sends you to a doctor who treats you on a lien basis in a personal injury case.

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How To Do Credit Counseling?

Your bankruptcy attorney will direct you on how to do the credit counseling requirement before filing for bankruptcy, so that you can file for bankruptcy.

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Home and Car May Be Exempt

In many cases your home and car may be exempt under your exemptions and if they are then you can keep your home and car when filing for bankruptcy.

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Bankruptcy Attorney on TV

Bankruptcy attorney on TV ads are quite common on our television sets that you may be asking yourself just how to choose a bankruptcy lawyer on TV.

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5 Myths About Bankruptcy

There are 5 myths about bankruptcy that can be dispelled by your attorney when you need to get out of debt San Diego and get relief from creditors.

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Real Estate Commissions

Your real estate commission will generally be treated as an asset in San Diego bankruptcy cases if escrow has already been opened or a contract has been formed.

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Can I Keep My Motorcycle?

Keep a motorcycle when you file bankruptcy to get out of debt San Diego, if your bankruptcy attorney determines the bike is covered by your vehicle exemption.

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Stop Creditors from Calling

By consulting with a bankruptcy lawyer, you may be able to file for Chapter 7 or Chapter 13 relief and permanently stop harassing creditors from calling you.

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File Taxes Before Bankruptcy

You do have to file taxes before you can file bankruptcy in San Diego, and your lawyer will usually have to submit your taxes to the trustee.

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Workers Comp Settlement or Award

When you file bankruptcy San Diego, you keep your workers compensation settlement, provided you do not change the character of the workers comp award.

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Employment Withholding Taxes

An employer’s share of employment withholding tax can be discharged in bankruptcy, but employee taxes withheld from wages are akin to trust funds.

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Car Loan Before Bankruptcy

Getting a car loan before bankruptcy in San Diego may be permissible if your vehicle has mechanical problems, but it can pose a couple of potential problems.

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Sales Taxes In Bankruptcy

Sales taxes can be eliminated in bankruptcy in San Diego with proper planning, because California, unlike most states, does not view them as trust funds.

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Criminal Restitution in Bankruptcy

A criminal restitution judgment cannot be included in bankruptcy in San Diego, unless part of it is for actual financial loss by the government.

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Impact on Your Credit Score

The impact bankruptcy has on your credit score may actually be a positive one, by helping you get out of debt with the help of a lawyer.

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Bankruptcy – How it Helps

Bankruptcy in San Diego can help you get out of debt and get a fresh start by getting rid of your debts in a Chapter 7 or Chapter 13 case.

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Which Type of Filing Is Right for Me?

In determining which type of bankruptcy is right to file, consumers should consult with a San Diego debt relief attorney regarding their options.

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Married Couple Filing Separate Bankruptcies

A married couple can file a separate bankruptcy in San Diego without his or her husband or wife, but it may not always be in your best interests to do so.

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Emergency Bankruptcy to Stop Foreclosure

You can file an emergency bankruptcy to stop home foreclosure, provide that your case is filed intention of following it through to completion.

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Credit Card Before Bankruptcy

Getting a credit card before bankruptcy in San Diego is permissible, provided you do so with the intention that you will repay the charges that you make.

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Bankruptcy for a Repossession

If you need to file bankruptcy for a repo loan after a vehicle repossession, an experienced lawyer can help you stop a lawsuit and become debt free.

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Funeral Expenses

You can file bankruptcy in San Diego on funeral services and funeral expenses, a burial plot, and a casket, with the help of an experienced attorney.

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Get Out of Debt Fast

The most effective way to get out of debt fast is to file bankruptcy, and with the help of a bankruptcy lawyer you can become debt free in just 90 days.

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Eligibility for Chapter 13

To be eligible for a Chapter 13 filing in San Diego, you must meet various legal requirements, and will need the guidance of an attorney.

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Qualifying for Chapter 7

Qualifying for Chapter 7 bankruptcy requires meeting certain income requirements, as well as making sure that each of your assets is covered by an exemption.

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Intent to Deny Security Clearance

When you receive a letter of Intent to Deny Eligibility for Security Clearance and Assignment to a Sensitive Position, bankruptcy can save your military clearance.

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Can Bank Take IRA Account?

A bank cannot take your IRA account when you file bankruptcy San Diego, provided that your IRA is truly an IRA account set up under law governing IRAs.

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Average Credit Score

The average credit score before bankruptcy in San Diego tends to be somewhere in the low 600s, and there are factors that affect your average FICO score.

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Income In a Bankruptcy Case

Disposable income is a critical part of a San Diego bankruptcy, and affects how much it will cost you to get out of debt San Diego in a Chapter 7 or 13 case.

Posted in Get Out of Debt | 2 Comments

Paying for Child Care

You can pay for daycare or childcare in bankruptcy San Diego, if it’s an expense you incur each month and your attorney provides proof upon request.

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Federal Government Help Failed

The Federal Government’s efforts to help borrowers failed, and as a result more and more consumers in San Diego are resorting to bankruptcy to get out of debt.

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Stocks in Bankruptcy

To keep stocks in bankruptcy in San Diego, your attorney will have to consider the type of account in which the stocks are held and your exemptions.

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Equity in Home

Understanding the meaning of equity in a home before you file bankruptcy in San Diego, can help you prevent the trustee from selling your house.

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Benefits of Homestead Declaration

There are important benefits of a Homestead Declaration in San Diego bankruptcy cases that can play a crucial role in helping you get out of debt San Diego.

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5 Key Benefits of Chapter 7

There are 5 key benefits to a Chapter 7 filing that can be successfully obtained when a skilled San Diego bankruptcy attorney files your case.

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Can Bankruptcy Stop an Eviction?

Bankruptcy can stop an eviction lawsuit, usually only temporarily, and you’ll need the advice of San Diego bankruptcy lawyer, after reviewing your situation.

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Can Debt Consolidation Help?

As any experienced San Diego bankruptcy attorney will tell you, in most cases debt consolidation will not avoid a bankruptcy and you’ll end up filing anyway.

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Postpone a Foreclosure

You can postpone a foreclosure sale by filing bankruptcy San Diego, and a Chapter 13 filing can permanently stop foreclosure and save your home.

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Loan Mod in Bankruptcy

Whether you can do a loan modification in bankruptcy San Diego, depends on your income and expenses, and if you are filing under Chapter 7 or Chapter 13.

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Keep Tax Refund

You can keep your tax refund when you file bankruptcy, if the amount of the refund is covered by the applicable exemption amount for tax refunds in bankruptcy.

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What Is Bankruptcy?

What is bankruptcy? It is a legal proceeding that people file to get out of debt in San Diego and to receive certain debt relief protections and benefits.

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Property Taxes in Bankruptcy

You can include property taxes in bankruptcy San Diego, and usually you will avoid paying them regardless of when your bankruptcy attorney files your case.

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Respond to Summons

To respond to a summons for credit card debt, you can hire a lawyer to file a bankruptcy to stop the lawsuit and eliminate the underlying debt.

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Education IRA In Bankruptcy

You can keep an education IRA in bankruptcy San Diego, with the help of a skillful lawyer and if the educational IRA meets certain requirements.

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Short Sale After Fresh Start

To do a short sale of your house after bankruptcy in San Diego, you will need the help of an attorney to guide you through the process.

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HOA Lawsuit

A bankruptcy attorney can help you get out of an HOA lawsuit, and if you’ve received such a lawsuit you should immediately consult with a San Diego bankruptcy lawyer.

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Homestead for a Trailer

When filing bankruptcy in California, your can claim the Federal or California homestead exemption for any trailer or mobile home that you are living in.

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Inheritance and Bankruptcy

Inheritance and bankruptcy in San Diego can be a tricky issue, and you’ll need a San Diego bankruptcy attorney to help you keep your inheritance in bankruptcy.

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Credit Card Lawsuit

Your options for how to respond to a credit card lawsuit in San Diego include hiring an attorney to respond or filing bankruptcy to get out of debt San Diego.

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Automatic Homestead Exemption

You do not need to file a homestead declaration for your home to claim the homestead exemption in bankruptcy in California, but filing does have its advantages.

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Residence Requirement

Under the residency requirement, to file bankruptcy in San Diego and use California’s exemptions, you must have resided in San Diego for at least two years.

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Money Owed to Me

If somebody owes you money (a promissory note or oral promise to pay), you can file bankruptcy and keep as much of the money that is within your exemptions.

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Do I Have to File Taxes?

Whether you have to file a tax return depends on whether you are an employee, or you are self-employed, and how much money you made in the tax year.

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Can a Creditor Garnish Social Security?

An ordinary, non-government creditor cannot garnish your social security income (SSI), but the Federal Government may be able to for certain types of debts.

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700 Credit Score

You can increase your credit rating to a 700 credit score after bankruptcy San Diego, and you can have a 700 FICO score even with a case filing on your credit.

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Pass Means Test

If you are over the median income, you may still be able to pass the Means Test with the help of a bankruptcy lawyer and depending on your monthly expenses.

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Should I File Chapter 13?

To determing if you should file Chapter 13 bankruptcy in San Diego, talk to a San Diego bankruptcy attorney about the benefits and protections of Chapter 13.

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Should I File Chapter 7?

To determine if you should file for Chapter 7 bankruptcy in San Diego, talk to a San Diego bankruptcy lawyer about the benefits and protections of Chapter 7.

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Military Security Clearance

You can keep your military security clearance when you file bankruptcy in San Diego, and if you have bad credit a bankruptcy can save your military clearance.

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House In Foreclosure

When you have a house in foreclosure, your San Diego bankruptcy attorney has various options for saving your home in foreclosure, including filing a bankruptcy.

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Notice of Default

If you have a house in foreclosure, filing bankruptcy in San Diego can stop a foreclosure Notice of Default and help you save your home from foreclosure.

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600 Credit Score

You can have a 600 credit score after bankruptcy in San Diego, and with proper guidance from an experienced lawyer, your score can improve higher.

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Can IRS Garnish Social Security?

Social security benefits are protected from a wage garnishment by ordinary creditors, but government can garnish your wages for student loans or IRS back taxes.

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Buy a Car Before Bankruptcy

You can buy a car before bankruptcy, and if you take out a loan your lender needs to perfect its lien with a short amount of time.

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Money in Bank After Bankruptcy

Under San Diego bankruptcy law, in most cases you can put money in a bank account after bankruptcy and the bank cannot touch your money.

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Wipe Out 2nd Trust Deed

By doing a lien strip in a Chapter 13 bankruptcy in San Diego, you can wipe out a 2nd trust deed against your home or other property.

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Online Bankruptcy Filing

Online filing is required in San Diego, such that your San Diego bankruptcy attorney must file your case online instead of over-the-counter.

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Will Employer Find Out?

It is unlikely your employer will find out you filed bankruptcy, and even if your employer did find out, Federal law protects you from discriminatory treatment.

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Bankruptcy Payment Plans

If you are worried that you can’t afford to file bankruptcy to get out of debt San Diego, you can pay for your legal costs with a flexible payment plan.

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Credit Card Garnishment

Credit card garnishment begins upon entry of judgment, at which time a lender or debt collector can garnish wages, but bankruptcy will stop a wage garnishment.

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Short Sale During Bankruptcy

You can do short sale during bankruptcy San Diego, with the help of an attorney who knows how to do a short sale during the pendency of an active case.

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Bankruptcy on Unemployment

Whether you can qualify for bankruptcy on unemployment in San Diego depends on whether you are filing under Chapter 7 versus Chapter 13.

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HOA Fees After Bankruptcy

After bankruptcy you remain liable for HOA fees (HOA dues) as long as you remain on title to your property or retain a possessory interest.

Posted in Get Out of Debt | 2 Comments

Stop Charging Credit Cards

You should stop charging your credit cards before bankruptcy the moment you talk to your attorney and know that you are going to file on your cards.

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Foreclosure Sale Date

You can stop a foreclosure sale date with the help of a San Diego bankruptcy lawyer, who can help you bring your house loan current in the Chapter 13 process.

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Sue Me After Foreclosure

After foreclosure your lender may be able to sue with a lawsuit for a deficiency, but in San Diego your lender is subject to antideficiency laws and bankruptcy.

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Stop Foreclosure Sale

Filing bankruptcy does stop a foreclosure, and if your lawyer knows how to file correctly you will save your house from foreclosure.

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Guilty About Filing?

If you need to get out of debt but feel guilty about filing bankruptcy San Diego, here are 7 reasons why you should not feel guilty about seeking debt relief.

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I Make Too Much Money

As a high income earner, you can make too much money to be able to file bankruptcy under Chapter 7 and eliminate all of your debts.

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Should I File Bankruptcy?

If you are wondering if you should be filing bankruptcy and if it is right for you, talk to an attorney and discuss your financial situation.

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IRS Wage Garnishment

You can stop an IRS wage garnishment served on your employer by filing for bankruptcy relief.

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Trust Assets

Your bankruptcy attorney must be sure to disclose all of your trust assets in your bankruptcy disclosures and schedules when you file bankruptcy San Diego.

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Get Out of Debt – San Diego Attorneys

When choosing an attorney to help you get out of debt in San Diego, follow these important tips for how to narrow the pool of San Diego bankruptcy attorneys.

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Famous Bankruptcies

When you need to file bankruptcy, remember the famous bankruptcies and know that you are not alone but are in the company of some very successful people.

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Bankruptcy Disclosures

Failure to disclose assets in your bankruptcy disclosures constitutes a crime and this is one of the important points to discuss with your lawyer.

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What Is a Credit Counseling Class?

A bankruptcy credit counseling class is a one hour course that you take on the internet before you can file bankruptcy in San Diego.

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Charging Credit Cards

Charging credit cards before bankruptcy can be a form of fraud making credit card debt nondischargeable so you cannot eliminate them.

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TARP Funds Gone

After the Troubled Asset Relief Program (TARP) funds were exhausted, lenders resorted to increasing the rate of filing lawsuits in order to collect bad debts.

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Can a Creditor Garnish Wages?

Any one of your creditors can garnish your wages in San Diego to repay a debt, by filing a lawsuit against you and utilizing the judgment collection process.

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Qualify for Bankruptcy

To qualify for bankruptcy, there are several points that a lawyer will consider in determining if you can qualify to file bankruptcy in San Diego.

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Wild Card Exemption

The wild card exemption is one of the bankruptcy exemptions that you can apply toward protecting any property or asset when you file bankruptcy in San Diego.

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Keep Credit Card?

When you file bankruptcy in San Diego, you include all credit cards, unless you have an account with a zero balance, in which case you don’t need to list them.

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Bankruptcy TV Commercials

Not running bankruptcy TV commercials is not necessarily a bad thing, but by not running TV bankruptcy ads, a lawyer or law firm is able to lower its costs.

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Disclose Assets

You have to disclose all of your assets when you file bankruptcy by listing all of your assets on Schedule A and Schedule B of your bankruptcy schedules.

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Lavish Spending on Luxuries

Lavish spending on luxuries before bankruptcy in San Diego, on items such as luxury goods, can result in credit card debt surviving your bankruptcy case.

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Fraudulent Transfer Forethought

If you transfer assets before filing bankruptcy in San Diego, the transfer could be deemed fraudulent, and set aside by the bankruptcy trustee or by creditors.

Posted in Bankruptcy | 1 Comment

The Perfect Chapter 13 Plan

Preparing the perfect plan that will be approved by the court takes the skill of a bankruptcy lawyer who is a Chapter 13 specialist.

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Bank Closed Account

Some banks may close your accounts when you file bankruptcy, so it is important to know the policy of your bank to make sure your bank account is not closed.

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What Is a Bankruptcy Trustee?

When you file under Chapter 7, you usually make a single appearance before a trustee, not a judge, and you might make 2 or 3 appearances in a Chapter 13 case.

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Married Filing Alone

Being married and filing bankruptcy alone without your husband or wife has benefits and drawbacks, and the decision can only be made by your lawyer.

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Perform a Lien Strip

By performing a lien strip or loan strip, a San Diego bankruptcy attorney will remove your 2nd loan or home equity loan through the lien stripping process.

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Can I File If I Have Business?

There are three common situations your lawyer will be able to file bankruptcy in San Diego if you have a business with assets that you want to keep.

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Can I Keep My Belongings?

The applicable Federal and California law lets you keep your assets and other belongings that are within your exemptions, when you file for bankruptcy.

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Bankruptcy Credit Counseling

Before your file bankruptcy you must complete bankruptcy credit counseling San Diego, which is an online course and not a class, and obtain a certificate of completion.

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Bankruptcy For FICO

Filing bankruptcy can increase your credit score after you file, helping you to have a higher FICO score and rebuilding your credit rating.

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Can I File Twice?

Whether you can file bankruptcy twice depends upon how much time has passed since your first case was filed and the relief you need in your second case.

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Drive Outta Bankruptcy

You can keep your car when you file bankruptcy so long as the value of the vehicle does not exceed your applicable exemptions.

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Myths and Misconceptions

There are a lot of myths about bankruptcy, and talking to your lawyer about them can help dispel any misconceptions about the process.

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Keeping Liquor Licenses

You can usually keep your liquor license in bankruptcy in San Diego, if the value alcoholic beverage license falls within your applicable exemptions.

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Considering Filing Bankruptcy

If you are considering filing bankruptcy, let an expert attorney help you decide if filing for Chapter 7 is right for you.

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Credit Card Bankruptcy

When filing a Chapter 7 credit card bankruptcy in San Diego to eliminate your credit card debt, be sure to give your lawyer a list of all of your accounts.

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Freeze!

When you file bankruptcy a freeze against collection activity, called the automatic stay, goes in to effect by law and can stop a foreclosure of your home.

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Our Bankrupt Presidents

If you need to file bankruptcy but are worried what others may think, you should know that four highly regarded U.S. Presidents declared they were bankrupt.

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Bankruptcy On Taxes

You can file bankruptcy on taxes if you meet certain tests, and the older the tax debt he more likely it can be discharged.

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Your Legal Right

Bankruptcy is your legal right afforded by the U.S. Constitution and exists to help you get out of debt and get a fresh start when you need it most.

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Bankruptcy Legal Center Blog

Our San Diego bankruptcy law blog provides commentary, by an expert lawyer, on issues involving that are encountered by our clients.

Posted in Bankruptcy | 2 Comments
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