Attorney Services

Failure to list assets in bankruptcy

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Many clients ask me if they should list a particular asset in their bankruptcy petition.  They might ask me if it is okay to leave an asset off the petition for bankruptcy. Most people know that it is a crime … Read More

Tax Refunds in chapter 7 bankruptcy

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Tax Refunds in chapter 7 bankruptcy.  In a bankruptcy you have to disclose all your assets.  In a chapter 7, You keep whatever assets are exempt.  Be sure to list all your assets. Don’t forget that the tax refund for taxes … Read More

US Trustee’s Positions Ch 7 Means Test

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The United States Trustee’s office has issued a statement of its position regarding many of the issues that can arise under the Chapter 7 Means Test.  Although the positions that the United States Trustee’s office does not have the force … Read More

Save on probate fees

Many Social Security Disability claims are denied by the government.  It may be advantageous for me to represent you in appealing the government’s decision.  Call or email me for a free consultation.

Loan Modifications in Bankruptcy

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Oftentimes a client will obtain a loan modification while the bankruptcy case is pending.  The lender may require court approval of the loan modification.  If so, your attorney will need to file Motion for Approval of the Loan Modification. Here … Read More

Taxation of Mortgage Debt Forgiveness

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TAXATION OF MORTGAGE DEBT FORGIVENESS Are you short selling you house? Or do you expect your house to go through a foreclosure? Either way you need to consider the income tax consequences. SHORT SALES When you short sell your house … Read More

Income Ceilings

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Often a client will ask me the following question: How much money am I allowed to make and still file for bankruptcy? The client hopes that I can give him or her a number like $5,000 per month. Unfortunately it’s … Read More

Personal Injury Cases and Bankruptcy

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If you’re a plaintiff’s personal injury attorney (or a plaintiff) and you think there might be an issue regarding bankruptcy law and practice you might find some helpful information on this page. IT’S ESSENTIAL THAT YOUR PERSONAL INJURY CLIENT LIST … Read More

Short Sale + Bankruptcy. Make sense?

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Let’s say you are planning on filing bankruptcy and you own a home but you have stopped making the mortgage payments. You know you are going to lose the house eventually. But in the meantime you are living rent free. … Read More

Chapter 13 Debt Limits

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There is are debt limits in Chapter 13. At the time I wrote this they as follows: $383,175 of unsecured debt $1,149,525 of secured debt But these figures are periodically revised. If you exceed either one of these limits you … Read More

Education IRA 529 Plans

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The subject of Education Savings Accounts or Education IRAs comes up from time to time. These are also known as 529 plans. Funds in these accounts are excluded from the bankruptcy estate unless they were placed in the account within … Read More

Student Loans

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Generally you can not discharge student loan debt in bankruptcy. In order to get a discharge you have to show extreme hardship and almost no one can do that. But there are situations where bankruptcy an help. Let’s say you’re … Read More

Bank Levies

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If you can get the bankruptcy file before the levy then the creditor can’t levy. The bankruptcy filing creates a stay which stops all collection action against you. If the creditor has already levied by the time you have filed … Read More

Ride through orders

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Is it possible to keep your vehicle after bankruptcy without reaffirming your car loan? This article discusses an approach we use called obtaing a Ride Through Order. If you haven’t already done so please read the article Dealing with Vehicles … Read More

Transfers

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You may be considering transferring property before filing bankruptcy. If you are thinking of filing bankruptcy do not make any transfers before checking with an attorney. A transfer before bankruptcy can cause you serious problems. Maybe once per week I … Read More

What to Expect at our Initial Meeting

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In most cases I talk to the client on the phone before the initial appointment. During our phone conversation I usually go over the following: 1) Do you have good reasons to be considering bankruptcy? Most often the reason the … Read More

Rights and Responsibilities

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In order for debtors and their attorneys to understand their rights and responsibilities in the bankruptcy process, the San Diego Bankruptcy Court developed this documenent spelling it out. The followng terms of engagement are hereby agreed to by the parties. … Read More

Sample Chapter 7 Retainer Agreement

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CHAPTER 7 RETAINER AGREEMENT HARLEY A. FEINSTEIN has agreed to represent you in a Chapter 7 Bankruptcy case under the following terms and conditions: 1. You promise to pay the attorney a total of [fill in amount of fee] This … Read More

Homeowners Association Dues HOA

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This article deals with the following issue: After you file for bankruptcy will you still owe the HOA dues? And, if so, what can we do about it? Here is the fact situation I am talking about: You are in … Read More

Amending

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From time to time it may be necessary to file an amendment. Here’s how you file an amendment in San Diego. Prepare the amended schedule. Only the added or corrected information is to appear on the amended schedule. Type the … Read More

Buying a Home after Bankruptcy

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Bankruptcy will not prevent you from buying a home. In fact it may make it easier to qualify for a loan since you won’t have so much debt. As far as Chapter 7 bankruptcies are concerned, the last time I … Read More

Special Problems for The Self-Employed

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When my self-employed bankruptcy clients…clients that own their own business…are declaring bankruptcy there are 2 special problems: 1) How to deal with their income 2) How to deal with the assets of the business 1. DEALING WITH THE INCOME OF … Read More

Emergency Bankruptcy Filings

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It is sometimes necessary to file bankruptcy immediately, on an emergency basis. One situation where an emergency bankruptcy must be filed is where the client’s home is about to be sold in a foreclosure sale. Sometimes we only have a … Read More

Corporate and LLC Bankruptcy

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When an individual goes through a chapter 7 bankruptcy he gets a fresh start. His financial life goes on without all the debt. The debts are discharged. But when a corporation or LLC goes through a chapter 7 bankruptcy the … Read More

Judgment Liens

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Let’s assume a creditor has obtained a judgment against you. A judgment is a piece of paper issued by a court that says you owe a creditor some money. The creditor armed with a judgment can take your property, garnish … Read More

Have you been Sued?

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Have you recently been served with a lawsuit? Let me try to explain what this means to you, in practical terms. Often I get a call or an e mail that goes something like this: Help! I’ve been sued. What … Read More

Residency

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Your residency comes into play in two ways. First of all, you must have been a resident of the county for at least 91 days in order to file for bankruptcy in that county. Secondly you must be a resident … Read More

Disclaimer

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We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. There is a great deal of legal information on this site. It is only intended to be read by California residents. In addition, … Read More

Discharging Taxes in Bankruptcy

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Can I discharge income taxes in bankruptcy? Generally Income taxes may be discharged in bankruptcy unless any one or more of the following apply to your situation: 1. No tax return was filed for the tax in question (or a … Read More

Timing is important. When should you file?

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Some people need to file for bankruptcy immediately ‑ as in today. Their immediate situation is intolerable if they do not declare bankruptcy immediately. An example this might be in the case of a wage garnishment. These wage earners often … Read More

Tax Returns, Chapter 13

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For Chapter 13, the rule on tax returns is that you have to have filed the tax returns that you were required to file for the years ending in the 4 years before the filing of the petition. For example … Read More

Keeping a Credit Card or Two

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Many clients ask me if they can or should keep a credit card. This may be a good idea. If you are happy with a particular credit card you may want to keep it the account open. Also you may … Read More

Reaffirmation of Debts

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A reaffirmation agreement is simply an agreement that says you promise to pay a debt that was discharged (cancelled) by the bankruptcy. Generally speaking reaffirmation is something you want to avoid. After all, when you declare bankruptcy you eliminate your … Read More

Debts to Utility Companies

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Section 366 of the Bankruptcy Code protects debtors who file for bankruptcy from discrimination by utility companies. In other words the utility may not cut off service because you file for bankruptcy. The utility may require you to post a … Read More

Bankruptcy Audits

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The United States Trustee’s office randomly audits at least one out of every 250 bankruptcies. In addition, there are certain things that will trigger an audit. The Department of Justice says that if your income or expenses are higher than … Read More

Business owners Declaring Bankruptcy

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I have been seeing a number of business owners who need to declare bankruptcy but they are still surviving off the income their business is generating. The business isn=t generating enough income to enable my client to pay his credit … Read More

Short Sales

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A short sale is when you sell your home for less than what is owed. For example you owe $700,000 on your mortgage but your home has depreciated so that you can only get $600,000 for it. This would be … Read More

Foreclosure and Upsidedown Mortgages

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If the bank forecloses will you owe the bank the difference between your loan balance and what the bank receives at the foreclosure sale? The basic answer is “yes” unless one of the anti-deficiency exceptions apply. The difference between what … Read More

Repeat Filings

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If you’ve ever filed for bankruptcy before please tell me right away. There can be problems if you’ve filed before. Some of these problems are solved simply by waiting to file again. Here are some of the issues: If you’ve … Read More

Lawsuit after a Foreclosure

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It looks like the bank is foreclosing on my home. Do I need to declare bankruptcy? This short answer is that you probably will not have to file for bankruptcy as a result of the foreclosure unless (and this is … Read More

Retirement Accounts

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An important question for many people considering bankruptcy is whether their retirement accounts are protected. You do not want to lose your “nest egg”. Before 2005 there was a considerable amount of doubt in this area of bankruptcy law. A … Read More

Fighting Wage Garnishments

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Bankruptcy stops wage garnishment. I can file your bankruptcy on line while you sit in my office. I obtain immediate proof of the filing and I can fax that to you the sheriff or other authority that has imposed the … Read More

Timeshares in Bankruptcy

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A time share is an asset. Being an asset it must be listed on your bankruptcy petition. If it has value above the amount of the allowed exemptions then the trustee will take the interest in the time share, sell … Read More

Lienstripping the Cramdown

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Under certain circumstances you can strip away the unsecured portion of the debt and discharge it or pay it off pennies on the dollar. The bankruptcy jargon for this is “lienstripping”. It is also sometimes referred to as a “”cramdown””. … Read More

Stop the Calls. Stop the Harrassment.

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Most of my prospective bankruptcy clients are being bothered by creditors. The creditors are calling, writing letters and making threats. Some of my clients are afraid to pick up the phone because it might be an aggressive collection agent. Give … Read More

Health Care Providers, Doctors who file Bankruptcy

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When a health care provider – doctor, physician, dentist, chiropractor – declares bankruptcy there are special problems that need to be dealt with. Congress was concerned that patients’ medical care might suffer when the health care provider has financial problems … Read More

One Spouse only Filing Bankruptcy

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Do both spouses have to file for bankruptcy? Maybe not. The bankruptcy operates as an injunction against the creditors taking action against all the community property ‑ even the non filing spouse’s interest in the community property. I realize this … Read More

Creditors Omitted from Bankruptcy

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Clients are justifiably concerned about accidentally leaving a creditor off of the bankruptcy petition. The bankruptcy code does say that a debt will not be discharged if leaving off a debt will prevent a creditor from timely filing a proof … Read More

Bankruptcy Myths

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One common myth I frequently hear is that you can pick and choose which debts to include in your bankruptcy. People tell me they don’t want to include a particular debt, such as the debt owed to their dentist, in … Read More

The Bankruptcy Hearing

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After we file your bankruptcy petition you must attend a hearing. The location of the hearings for San Diego cases is the Emerald Plaza Building at 402 W. Broadway Suite 660. Just come up to the 6th floor and you’ll … Read More

Can Bankruptcy Save My Home?

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As your San Diego Bankruptcy attorney I can explain how filing for bankruptcy might make it easier to hold on to your home. * Allow me to provide a free evaluation to see if Chapter 7 will help you save … Read More

Who Should Consider Bankruptcy?

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As your San Diego Bankruptcy attorney I can explain the potential benefits to be obtained by filng bankruptcy. You should consider filing for bankruptcy if you are facing a mountain of debt which you can’t realistically expect pay off in … Read More

Chapter 7 vs Chapter 13

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A Chapter 7 Bankruptcy is a traditional bankruptcy. In a Chapter 7 bankruptcy we file court papers listing all your debts. The court then orders that your debts are Discharged. By “Discharged” we mean that your debts don’t exist any … Read More

The Means Test

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As your San Diego Bankruptcy attorney I need to make you aware of the means test and how it applies to you. The Means Test is a test to determine if you make too much money to declare Chapter 7 … Read More

Dealing with Vehicles in Bankruptcy

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There are 6 alternative ways to deal with a car loan when you are declaring bankruptcy: Alternative 1: You can let your vehicle be repossessed Alternative 2: You can surrender the vehicle. Alternative 3: You can keep the vehicle and … Read More

Are you Concerned about Foreclosure?

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As a San Diego Bankruptcy attorney, I am frequently asked questions about the rules and procedures relating to foreclosure. One of the most common questions asked is how long the foreclosure process takes. Most foreclosures in California are non judicial … Read More

There’s No Substitute for Experience

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You want and deserve a San Diego Bankruptcy attorney that is experienced and knows what he is doing. I have been practicing law in Southern California since 1979. Throughout this 30 plus year period have been confronted with and solved … Read More

Bankruptcy and Your Credit Rating

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A recent (reported February 2009) study was conducted by Ethan Cohen-Cole on behalf of the Federal Reserve Bank of Boston. They made the following conclusions: First, we show that individuals who file for bankruptcy can indeed get credit very quickly … Read More

Stop The Calls. Stop the Creditor Harassment

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Most of my prospective bankruptcy clients are being bothered by creditors. The creditors are calling, writing letters and making threats. Some of my clients are afraid to pick up the phone because it might be an aggressive collection agent. Give … Read More

Lawsuit after Short Sale

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Let’s say you have a 1st mortgage on your home in the amount of $400,000. You decide you want to short sell the property. Let’s assume you find a buyer who will pay $300,000 for the property. You contact the … Read More