It’s a story which would make any bankruptcy lawyer cringe: “I deeded my cabin to my brother so I couldn’t lose it to my creditors.  My cousin’s girlfriend’s lawyer told me on the phone that would be a good move.”  Ouch!  As bankruptcy lawyers know, judgment creditors can reverse fraudulent transfers, negating the utility of this manuever.  Worse, [...]

Much has been written on this blog about “reaffirmation” – the process by which a Chapter 7 debtor formally and in writing agrees to opt out of the protections inherent to a bankruptcy discharge and assume again contractual liability for secured (or unsecured) debts like mortgages and vehicle loans.
You should always speak to your lawyer [...]

As unemployment rates continue to rise, it is a good idea to try to bunker down and prepare for the worst so you can ride out the storm if you find yourself among the unemployed, or facing a pay cut.
There was some good advice in an article in the Wall Street Journal on November 6, [...]

Thinking Of Filing Bankruptcy? Don’t Give Anything Away.
“I’ll just give my car to my niece.”  I can’t tell you how many times I’ve heard that or something similar from a client about to file bankruptcy.
Sometimes the client has the best of intentions: “she’s about to graduate college and I always promised her a car for [...]

The point of filing a bankruptcy case is to get a discharge of your debts.  The deal is simple.  An honest debtor gets a fresh start.  The price of the bargain?  You have to let the trustee have all of your “non-exempt” assets. That means you have to tell the trustee about everything you have.
If [...]

You just filed a bankruptcy.  You thought everything was under control.  Now you got a letter from the bankruptcy court.  Inside that letter is a notice from the court.  This notice contains all sorts of important things and you should read it.
What is in the notice? If you file a Chapter 7 Bankruptcy the notice [...]

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 [...]

Lawyers have a saying about trying a case: Put the skunk on the table.  It means if you’ve got something really bad going on in your case, it’s best to just deal with it.  Tell the judge or jury before the other side does so you can minimize the damage.
It’s really no different with [...]

When filing bankruptcy, a client’s first question often involves whether or not they can keep things they own, like their home, their car, or their 401(k).
These questions are important, and the answer to the question is two-fold:
1. Is there a lien against the property?
2. If no lien exists, what Bankruptcy Exemptions are available?
If there is [...]

California Homestead Amounts To Increase
Governor Schwarzenegger signed into law new legislation that raises the amounts that can be claimed as a homestead in California.  The law, Assembly Bill 1046 is one of several new pieces of California legislation aimed at protecting homeowners.
Previously, the equity in your home was exempt from execution or in a bankruptcy [...]