Bankruptcy Law Blog

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…

Few things in life can cause as much anxiety, confusion, and apprehension than making the decision to file bankruptcy. Filing bankruptcy, after all, is a big decision and has long term financial and personal implications. While no one’s financial situation is ever exactly the same, there are certain instances where it may make more sense…

Overspending, loss of a job, medical bills, and lack of savings are among the top reasons for debt in America. Additionally, high household debt levels are still normal and haven’t changed much since the financial meltdown of 2008. While some forms of debt are avoidable and some aren’t, debt is most likely something that the…

For those drowning in debt and unable to pay bills for basic necessities, a short term loan such as a payday loan, cash advance loan, or title loan may seem like an intriguing option. However, these types of loans are typically only designed to hold you over until the next pay check and often times…

One of bankruptcy law’s most useful tools is the automatic stay. With an automatic stay the bankruptcy court prohibits creditors from continuing any activities related to collections, which can give some much needed time to get your finances in order. If a creditor does wish to continue collecting a debt during the automatic stay period,…

There are many considerations revolving around student loans whether you are repaying them, shopping for student loans for you or a child, or are currently in default. Student loan debt is among one of the types of debt that is not typically dischargeable in a Chapter 13 bankruptcy. However, while you can’t eliminate the debt,…

In a Chapter 13 bankruptcy case, you formulate a repayment plan for your debts using your income in order to pay some or all that you owe to creditors over a three to five year period. The length of the plan, of course, depends on how large your income compared to your debts. This repayment…