News

Unfortunately filing for bankruptcy and filing for divorce often go hand in hand, but the news isn’t all bad.  I believe that bankruptcy can help save some marriages by eliminating overwhelming debt, which is a a major source of stress that causes marriages to break up.  Even in cases where divorce is eminent, bankruptcy can make the [...]

If you’re filing bankruptcy, then chances are you may may have taken out a payday loan recently, according to a “Do Payday Loans Cause Bankruptcy?” by Paige Marta Skiba of Vanderbilt Law School and Jeremy Tobacman from the University of Pennsylvania. In theory, I have no problem with the concept of payday loans.  It’s nice to [...]

People tell me that they are afraid of filing for bankruptcy. Fear of the unknown is a reasonable emotion. I am afraid of the dentist. I’m afraid of the pain from the drilling. I am afraid that the shot will hurt. I am afraid that something will go wrong. Then again, I’m just as afraid [...]

Choosing the “correct” date upon which to file a chapter 7 or chapter 13 bankruptcy case can be important to either pass the means test, or to avoid having to take the means test altogether.  Since the passage by Congress of the 2005 Bankruptcy Reform Act, debtors have been aware that the proper timing of the filing [...]

If your employer goes into bankruptcy, there are a couple ways it could hurt your defined contribution plan (like a 401(k)). One simple way is obvious:  If you owned the company’s stock in your 401(k), there’s a good chance it’ll be valueless in the long run.  It’s easy to accumulate employer stock if the employer matches [...]

Own a Toyota?  Are you filing bankruptcy or in a bankruptcy case already?  You should talk to your lawyer about the Toyota recalls. You may have a claim against Toyota for defects in your product (or, worse, some physical injury you suffered).    There are already class action lawsuits on file related to these issues that you [...]

A number of clients facing foreclosure have asked me whether I could use the “lost note defense” to help them save their homes. They’d read about how successful it had been in states like Ohio and Florida, and wondered about whether it could help them here in Maryland. Sadly, the answer is that normally it [...]

For many people, the decision to file a personal bankruptcy case is deeply emotional. It’s not just a business decision. People think that filing bankruptcy is a personal reflection on themselves. All too many clients start to feel badly about themselves when considering bankruptcy. Financial distress sometimes leads to undesirable behavior. People may turn to [...]

A San Jose bankruptcy attorney notes foreclosure in California...

California has posted the nation’s second highest foreclosure rate. Foreclosures in California are up 50% from the same time last year. California’s default notices and schedules foreclosure auctions are up 120% and 73% respectively. A recent survey shows that 7 out the top 10 metropolitan area foreclosure rates were in California. As San Jose Bankruptcy Attorneys who deal with clients facing foreclosure everyday and the devastating effects it can have with regard to adding additional stress to the bankruptcy process, we are glad to see that San Jose was thankfully not among the top ten, but its foreclosure rates are still dramatically up from last year. The hardest hit metro cities in Northern California are Vallejo-Fairfield, Modesto, Merced, Stockton, and Sacramento.

A chapter 13 bankruptcy can help consumers stop a foreclosure on their home. The 5 year (60 month) restructuring plan allows debtors to repay any arrears on their home over 60 months, so long as the homeowner is able to make their current mortgage payment in addition to the monthly arrears repayment. The benefit of this type of repayment plan is that the arrears cease accruing interest and the stress of a pending foreclosure is lifted.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

http://www.unionleader.com/article.aspx?headline=Bankruptcy+trends+spell+trouble+for+NH&articleId=5339587e-b564-43df-8b35-16c198d755b5

A San Jose Bankruptcy Attorney keeps consumers informed about Consumer Protection Week, March 7-13th...

National Consumer Protection Week (NCPW) assists consumers of all ages and walks of life be informed about and, if needed, execute their consumer rights. As San Jose Bankruptcy Attorneys, we are all for this! The theme of NCPW is how to preserve and protect your money and as an added bounus to National Consumer Protection week, the FDIC has announced their launch of a money management section on their website to further awareness to consumers. This feature will include daily tips during NCPW, followed by an ongoing "Consumer Tip of the Week." Subject matter will include saving and borrowing money to protecting money with FDIC insurance and avoiding financial fraud, according to an FDIC posted article. Consumers, consumers in debt, bankruptcy attorneys, media and anyone interested in saving money is invited to catch up on the latest and greatest in consumer information, debt resolution, and money matters.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Second District, Division 5 Applies “Inconsistent Position” Doctrine in Challenge to Allocation of Referee Fees. What follows is an interesting application of the judicial estoppel doctrine in the referee fee allocation area. This doctrine is a good one to have...

Both Sides Appealed the Fee Award, But The Trial Court’s Award Stood Firm. The Ralph Act (Civil Code, § 51.7) provides that all persons within California’s jurisdiction have the right to be free from violence or intimidation because of sex,...

Court of Appeal Also Rejects Asymmetrical Interpretation of Fee-Shifting Provision. The next case, Alarcon v. Fireside Bank, Case Nos. A117148 & A118566 (1st Dist., Div. 3 Mar. 8, 2010) (unpublished), pitted two different statutes against each other, both contained in...

People who are thinking of filing bankruptcy cases tell me that they are ashamed. Most bankruptcy lawyers keep tissues in their conference rooms. Many clients cry when they talk about filing their bankruptcy case. Sensitive attorneys are ready for this – we have tissues ready. We can understand why our clients feel many emotions. For example, people [...]

A Texas bankruptcy court ruled on December 30, 2009, that an employee who was fired after filing bankruptcy was not protected the bankruptcy code’s non-discrimination provision, 11 U.S.C. section 525(b).  This section states as follows: No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has [...]

Representing yourself in a bankruptcy case has a non obvious downside:  if the case develops problems, capable bankruptcy lawyers  won’t step into a troubled case. The judge in yesterday’s calendar was urging any number of individuals who represented themselves (in Chapter 11 cases, no less) to  get a lawyer.  He was candid with his expectation that [...]