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Latest Legal Insights for Bay Area Residents
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Oakland Bankruptcy Attorney Can Explain Property Exemptions
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 in Chapter 13 Bankruptcy
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 Bankruptcy
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…
DUI Judgments are Never Dischargeable in Bankruptcy
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…
Where to File for Bankruptcy
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…
The Means Test and the Right Time to File for Chapter 7 Bankruptcy
Chapter 7 bankruptcy is the preferred type of bankruptcy for many California residents because it ultimately results in most types of debt being completely forgiven. But what keeps many debtors from filing for Chapter 7 bankruptcy is the means test. Under the means test, you must show the court that you qualify for Chapter 7 bankruptcy…
Eliminating Medical Bills with Bankruptcy
One of the reasons for passing the Affordable Care Act of 2010 was to reduce health care costs and make insurance more affordable for everyone. To some extent, the ACA has been a success. Health insurance is more accessible now than at any time it has ever been in the past. Millions of people now…
Bankruptcy and Retirement Accounts in California
With the economy still struggling, many people are now finding themselves deeply in debt as they get older and inch closer to retirement. Many older people are often concerned about how filing for bankruptcy later in life could affect them. While filing for bankruptcy at an older age may affect your ability to borrow money…
What Happens to a Car In Chapter 7 Bankruptcy?
One reason that many people are hesitant to consider bankruptcy, and particularly Chapter 7 bankruptcy, is that they fear it will mean losing all of their assets. While Chapter 7 bankruptcy does involve submitting all of your assets, including vehicles, to a bankruptcy trustee so that he or she can determine what assets should be…
Bar Exam Loans May Be Dischargeable in Bankruptcy
It’s well-known that federal student loans are very difficult, if not almost impossible to discharge in either Chapter 7 or Chapter 13 bankruptcy. There is another type of education loan that is lesser known to most people that is often thought of as nondischargable in bankruptcy, but a recent decision from New York indicates this…
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