Ask Bankruptcy Attorney in Sacramento, Stockton, Fairfield, CA – I filed a Chapter 13 Bankruptcy, will my co-signer be protected under the Automatic Stay?

Upon filing of Bankruptcy, Automatic Stay takes into effect to prevent most creditors from collection attempts.  However, there are some exceptions or limitations to automatic stay such as multiple bankruptcy filings and dismissal(s) within 365 days, etc., which will be discussed in a different blog. Automatic Stay in Chapter 13 Bankruptcy offers broader protection than […]

Ask Bankruptcy Attorney in Sacramento, Stockton, Fairfield, CA – Who is Eligible to File for Chapter 13 Bankruptcy?

Only individuals can file for Chapter 13 Bankruptcy.  This means corporation, limited liability company, partnership cannot file for Chapter 13 Bankruptcy because they are not "individuals".  However, sole proprietors can file for Chapter 13 Bankruptcy.  Stockbrokers (as defined under 11 U.S.C. § 101(53A)) and commodity brokers (as defined under 11 U.S.C. § 101(6)) and their spouses cannot file […]