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Why Your Financial Life after Bankruptcy Will Be Better Than You Think
As an Oakland bankruptcy attorney, I know how difficult the thought of filing bankruptcy can be. For many of my clients, the decision to file bankruptcy comes after years of struggling to repay creditors with money they don’t have. Every month they are forced to rob Peter to pay Paul and are never able to…
If You Have The Means To Pay, The Means Test May Not Matter
In an effort to curb abusive bankruptcy filings, Congress in 2005 passed BAPCA, the Bankruptcy Abuse Prevention and Consumer Protection Act. BAPCA established what is known by bankruptcy practitioners as the “Means Test.” The means test, through the use of a strict formula that incorporates a debtor’s actual expenses with standard expenses for the area…
Getting Rid of an Underwater Property: What You Need to Know About Short-Sales, Deficiencies, and Tax Liability in California
The housing crash has left many people wondering what to do with homes that are now so far underwater they may never recover their former equity. To add insult to injury, many of these homeowners cannot afford to pay the mortgage on these underwater homes. This combination of factors has led many people to explore…
Former Major Leaguer Guilty of Bankruptcy Fraud: Why Filing For Bankruptcy is Not a Game
A former Mets baseball player, Lenny Dykstra, has plead guilty to bankruptcy fraud, concealment of assets, and money laundering all stemming from a bankruptcy case he filed to get out from under over $31 million in debt. As punishment for these crimes, Mr. Dykstra was facing up 20 years in federal prison but received only…
Preparing To File Bankruptcy In The San Francisco Bay Area
Once you have decided you are interested in filing bankruptcy your next step should be to research which attorney you are going to hire to represent you. This is no small matter, as over the past couple of years the number of bankruptcy attorneys has increased significantly. This is both good and bad. The good…
How To Stop Collection Calls
For those of you who have had to deal with the stress and anxiety associated with receiving a call from a debt collector, this blog is for you. The only thing worse than the constant stress and anxiety associated with the inability to make ends meet is receiving a phone call from someone you’ve never…
Avoiding Your Own Fiscal Cliff: How Bankruptcy Can Help You From Going Over The Edge
How Bankruptcy Can Help You From Going Over The Edge The financial news today is focused on only one topic: the fiscal cliff. Will we go over it? Will the powers that be reach a deal and save us from a new recession? What is the fiscal cliff anyway? Simply put the fiscal cliff is…
What Is A Chapter 20 Bankruptcy And How Can It Help You Save Your Home?
You may remember that one of my first blogs dealt with the debt limits in a Chapter 13 bankruptcy and how those debt limits precluded some Bay Area residents from receiving the bankruptcy help they needed in order to save their home from foreclosure. The amount of people’s mortgages coupled with their credit card, medical…
Why Can’t Student Loan Debt be Discharged in Bankruptcy? : How the High Cost of Higher Education is Dragging the Economy Down
The high cost of a higher education is saddling many Americans with debt they can’t afford and can do little about. As a bankruptcy attorney, dealing with clients who are facing large student loan debt can be very frustrating because, while I can help them with their credit card and medical debt, for most working…
Why Chapter 13 Bankruptcy may not be able to save some Bay Area homeowners from forclosure
Bankruptcy may not be able to save some Bay Area homeowners As a Bay Area bankruptcy attorney, I know first hand that for many people in California, the dream of owning their own home became a nightmare when the housing bubble burst in 2007. Trapped in mortgages they no longer could afford, homeowners quickly saw…
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