Chapter 13 Bankruptcy

Ask Bankruptcy Attorney in Sacramento Stockton Fairfield CA – Chapter 13 Bankruptcy Qualifications

Chapter 13 Bankruptcy – Who Qualifies? According to Bankruptcy Code 11 U.S.C. 109(e): Chapter 13 Bankruptcy Qualifications: “Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $419,275 and noncontingent, liquidated, secured debts of less than $1,257,850 or an individual with …

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Get Relief from Wage Garnishment & Bank Levy through Bankruptcy

What is Wage Garnishment & Bank Levy?  And Can Bankruptcy Stop Wage Garnishment & Bank Levy? If you owe money and fell behind on payments, your creditors can sue you for the amount owed.  Once your creditors received a judgment against you in court, they can attempt to collect on the judgment by recording an …

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Will Creditors Stop Calling Me and Demanding Payment Once I Filed Bankruptcy?

Will creditors stop calling me and demanding payment once I filed Bankruptcy? Upon filing of Bankruptcy, whether it is Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, “Automatic Stay” takes effect.  Under the Bankruptcy Code, Automatic Stay prevents creditor from attempting to collect on a debt, which includes calling you to demand payment. However, creditors might …

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Suspended Driver’s License from backed Child Support and Bankruptcy

Can filing for Bankruptcy reinstate my driver’s license that was suspended for backed Child Support? Not only can California county-based child support services department suspend your driver’s license, but also your business license and state issued professional license. The State Licensing Match System is used to match paying parents who owe child support with business, professional, and driver’s licenses.  These licenses …

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Multiple Bankruptcy Filing

I previously filed for Bankruptcy, but because of circumstances beyond my controll I need to file Bankruptcy again.  Do I qualify for another Bankruptcy Discharge? It depends on what Chapter was your last filed Bankruptcy and whether you received a discharge.  Moreover, your bankruptcy filing is in good faith. If you filed for Chapter 7 Bankruptcy and received …

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Bankruptcy and Foreclosure

What can Chapter 7 Bankruptcy and Chapter 13 Bankruptcy do for my Foreclosure? Chapter 7 Bankruptcy cannot stop foreclosure.  It can stall foreclosure.  If you receive a Chapter 7 Bankruptcy discharge, you are not personally liable for the debt after they foreclose on the collateral. Chapter 13 Bankruptcy can stop foreclosure as long as you timely …

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Lienstripping and Chapter 13 Bankruptcy

What is Lienstripping in Chapter 13 Bankruptcy? Chapter 7 Bankruptcy or Bankruptcy Discharge does not get rid of liens.  Bankruptcy discharge only gets rid of your personal liability to the debt and the lien will remain in the property. If you want to get rid of a junior lien on your home (aka second mortgage, equity line of credit), you …

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If I Operate a Business and I Filed for Bankruptcy, Am I Required to Stop Business Operation?

If I operate a business and I filed for Bankruptcy, am I required to stop business operation? The answer depends on who is filing for bankruptcy. If the bankruptcy filer is a corporation, limited liability company, or partnership, it must stop business operation immediately upon filing Chapter 7 Bankruptcy.  Corporation, limited liability company, and partnership cannot …

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Liens and Bankruptcy

What liens can bankruptcy remove? The answer depends of the type of liens and which bankruptcy chapter filed. Judicial liens, aka judgment liens, by credit cards, personal loans, medical bills, or deficiency from car repossession or foreclosure can be removed in either a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy if you meet the conditions. …

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What is the Best Thing About Bankruptcy?

What is the best thing about bankruptcy? The answer to this question will be different for different people.  For some people,  the best thing about bankruptcy is discharge of debts.  Bankruptcy can be a huge relief if you have insurmountable credit card debts, medical bills, unsecured personal loans, deficiency from car repossession or foreclosures, guaranteed …

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