The U.S. Bankruptcy Code assigns a trustee to a case where an individual files Chapter 7 or Chapter 13 bankruptcy. The role of a trustee administering a Chapter 13 bankruptcy is more involved than the role of a Chapter 7 trustee due to the complexity and continuing nature of the bankruptcy. Chapter 13 Trustee v.…

You were married with a family. Now you have finished a difficult divorce. The circumstances exhausted you and caused much heartache. Not only was it emotionally taxing, it was also financially draining. You and your spouse were living together under one roof and both of you contributed to the household costs. Then you split from…

When a debtor files a Chapter 13 case, section 1301 0f the United States Bankruptcy Code bars (or stays) creditors from collecting “consumer debt” from a non-bankrupt individual who is responsible for that debt along with the debtor. Generally, the stay is in effect until the case is closed, dismissed or is converted into a…

Chapter 13 bankruptcy proceedings are for people who would like to reduce and discharge debts, while keeping certain assets, such as their home, cars, and retirement accounts and investments. Not everyone will be eligible to file a Chapter 13 proceeding though.   There are several requirements debtors must meet in order to qualify for this…

Chapter 13 bankruptcy proceedings allows debtors to pay back some of their debt on a more relaxed schedule. However, because this type of bankruptcy allows creditors to recover a portion of the money owed, not everyone is allowed to file Chapter 13 bankruptcy. In order to be eligible for Chapter 13 proceedings, your Bay Area…

One of the factors to consider when learning about which bankruptcy process may be right for you and your family is the type of assets you possess and whether they are considered exempt or nonexempt under the law. Your California bankruptcy attorney can examine your assets and help you determine how to proceed.   Chapter…

The Importance of Homestead Declarations Homestead declarations are a unique feature of California law that protect a certain amount of equity in your home from creditors. While not required before filing for bankruptcy (or for any legal reason), filing a homestead declaration with your local county recorder’s office is always recommended, and can be especially…

When Credit Card Debts Aren’t Dischargeable In addition to medical bills, one of the leading causes of bankruptcy in the United States is too much consumer debt, largely from credit cards. Chapter 7 bankruptcy in particular can be extremely appealing to those with lots of credit card debt as it promises to completely discharge all…

Most people know that alimony and child support obligations can never be discharged in bankruptcy. The media and politicians are very fond of reminding people that student loans can’t be discharged in bankruptcy (though there are some exceptions to this rule). While those two exceptions to bankruptcy law are well-known, there are also several other…

If you ask someone where you file for bankruptcy, they’ll probably tell you “in court.” More specifically, you file for bankruptcy in federal court. And if we’re really getting detailed here, you will file bankruptcy in the federal district in which you reside. California has four districts (Northern, Central, Southern and Eastern), with the Central…