If you are sitting in jail wondering if you can file bankruptcy then your search is over.  The answer is yes if you otherwise qualify for bankruptcy relief under the code.  Just because you are sitting behind bars does not prevent you from accessing the Bankruptcy Court.   Depending of where you are located will depend [...]

The law that defines what you can keep despite filing bankruptcy is found in law books, you’d think. There are two alternate sets of  California exemptions in the Code of Civil Procedure. The state law exemptions, for instance, permit the debtor to keep $2550 in equity in vehicles, while the California bankruptcy exemptions allow $3300.
But [...]

On October 5th, 2009, the Ninth Circuit Bankruptcy Appellate Panel (BAP) published its decision in In re Martinez, wherein it concluded that debtors who strip junior liens off mortgages are not entitled to deduct those payments from the chapter 13 projected disposable income test.  While the decision was ordered published, the 3 judge panel disagreed with each [...]

Must You Have A Lawyer To File Bankruptcy?
Certainly not!  You have the absolute right to represent yourself.  But, the better question is: “Should you have a lawyer to file bankruptcy?”
Let’s make a list of the pros and cons to have an attorney, starting with all of the reasons not to have one:
1. An attorney will [...]

If a creditor files a proof of claim in a Bankruptcy Proceeding, it is deemed allowed unless you or another interested party objects.  So what does “allowed” mean and what are its ramifications?

In a Chapter 13 bankruptcy the debtor proposes a Plan where he makes monthly payments of the arrearages (past due debt) to the Chapter 13 trustee.
Because money is already tight, the question I hear most often from clients  is when will the first Chapter 13 Plan payment due?
The general rule is found in the Bankruptcy Code, 11 U.S.C. [...]

Under the Bankruptcy Code, we calculate your “current monthly income” to see if you qualify for a chapter 7 case. Those with “current monthly income” more than the median income are presumed to be abusing the bankruptcy system if they file a chapter 7.  They can “overcome” this presumption in some cases through the complex [...]

Filing for Bankruptcy is no walk in the park.  It is an extensive process, with significant document gathering and processing, in addition to research, disclosures, and sometimes multiple court and trustee hearings.  Nevertheless, the more work done up front, the smoother the process will be.  One such area involves compiling all the due diligence documents [...]

I am often asked what to I need to do to file a bankruptcy.  My reply is you have taken the first step. You have contacted a bankruptcy lawyer seeking information.  Only with this information can you determine if you can file bankruptcy and if bankruptcy is the right thing for you to do.  I [...]

Chapter 13 has always been an option for individuals, couples, and sole proprietors (not corporations) who are struggling financially.  Since the changes to the Bankruptcy Code under BAPCPA in 2005, more people may have to opt to file Chapter 13 rather than Chapter 7.
When a debtor’s income exceeds the state’s median income, he may not [...]