Bankruptcy Law Blog

In both California Bankruptcy law, as well as Federal bankruptcy law, there is no requirement that says you must have a job in order to declare bankruptcy. In fact, loss of employment, is a contributing cause of bankruptcy in the US. When filing for Chapter 13 bankruptcy, however, not having stable income may be an…

Many individuals struggle with massive amounts of credit card debt. It typically begins when you miss a payment or two, and then start to fall more and more behind. The interest on the debt rises and before you know it, you have a giant credit card balance and no way to get caught up. Many…

A garnishment is the legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishments allow the plaintiff, or the “garnishor”, to take money or property from the debtor in order to satisfy a debt. The most common type of garnishment is a wage garnishment, which is the process of…

We’ve discussed what happens to your primary residence when filing for bankruptcy protection, but what happens to vacation homes in Chapter 7 bankruptcy? Chapter 7 bankruptcy protection can, in many cases, save your primary residence assuming you are able to exempt the equity in the home, or if the amount of equity you have is…

The San Francisco, California based children’s apparel store, Gymboree, was approved to exit Chapter 11 bankruptcy on September 7th, 2017. The company plans to cut $1 billion worth of debt and joins the list of retailers such as Payless Shoes that have been able to successfully reorganize company debt using Chapter 11 bankruptcy protection. In…

California traffic fines are some of the highest in the country, so it’s not a surprise that a single speeding ticket could lead to excessive debt when trying to repay the traffic ticket. This week, Senator Robert Hertzberg introduced Senate Bill 185 that will help to overhaul the way California charges individuals for traffic violations.…

Even though employment law and bankruptcy law are two separate areas of the law, they often intersect when individuals are concerned about their employment and how a California bankruptcy will affect it. We often hear the question: “Can I be fired for filing bankruptcy?” An employer can only take an employees financial condition into account…

Making the decision regarding which chapter of bankruptcy to file is a difficult one. The decision to file Chapter 13 bankruptcy over Chapter 7 depends on what type of debt you are seeking to eliminate, where you live, and what you own. While bankruptcy doesn’t eliminate all types of debt such as child support, alimony,…

Except for a handful of exceptions, anyone wishing to file for either Chapter 7 or 13 bankruptcy must take a credit counseling course within 180 days prior to filing for bankruptcy. This new bankruptcy requirement came into effect with a number of new bankruptcy laws in October of 2005. The main purpose of bankruptcy counseling…

Typically, when someone files for Chapter 7 Bankrtupcy they must pass what is referred to as a Chapter 7 means test. But many former service members ask how bankruptcy work for veterans and is the process the same for them? The answer to this question is that along with the other benefits one receives from…