August, 2011

Understand the California Bankruptcy Means Test By Understanding Its Purpose

Sometimes bankruptcy practitioners explain the California bankruptcy means test to potential clients as if it is a form of incomprehensible rocket science.   At JCH Law Firm, we believe in straight talk and want you to understand the basic fundamental concepts of what the means test is and how California bankruptcy law applies to you. The California Bankruptcy means test only applies in...

Read More

Attention Homeowners: Be Careful How To Go About Seeking Loan Modifications

Loan modification scams are all too common.  If you are a homeowner, be very careful in selecting the right persons to help you and understand the basic California foreclosure and loan modification laws put in place to protect the rights of homeowners seeking loan modifications.  At JCH Law Firm, we have experience helping homeowners with foreclosure and mortgage issues in and out of...

Read More

Debtors Can Recover Monies Taken Through Wage Garnishments 90 Days Before the Bankruptcy Filing

A debtor should pursue recovery of the monies that were levied before the bankruptcy case was filed when the case trustee will not pursue the monies that were garnished.  In some cases, debtors are fortunate in that the sherriff is still in possession of the money; in these cases, debtors will typically receive the monies back from the sherriff once the trustee decides not to pursue it.  ...

Read More

Reaffirmation Agreements – What is it and what if the creditor won’t offer it to me?

A reaffirmation agreement is an agreement between a debtor and a creditor that the debtor will pay a debt incurred prior to the bankruptcy filiing because such debt is otherwise dischargeable in bankruptcy.  Why would a debtor agree to that?  In dealing with secured claims (where a creditor holds a security interest in something you own), imagine you own a car that you use for your everyday...

Read More

Bankruptcy Creditors Should Be Weary of Continuing to Deduct Monies Via Automatic Deduction in Bankruptcy

Bankruptcy clients sometimes file for relief under chapter 7, 11, or 13 forgetting that an automatic deduction with the bank or some other creditor was authorized and set up long before the bankruptcy was ever filed.   Typically, creditors are weary of continuing auto-deductions once a case is filed and respect the concept of the automatic stay.  However, that is not always the case. In...

Read More

Understanding the Need for Substantive Consolidation In Chapter 11 Bankruptcy Cases

In chapter 11 business cases, substantive consolidation of one or more inter-related chapter 11 case filings ensures that similarly situated creditors are treated equitably through an appropriate division of the debtor’s assets by pooling the assets and liabilities of two or more related entities while eliminating inter-company claims.  Substantive consolidation is appropriate to: (1) enable...

Read More

California Bankruptcy Fraud: Section 727 Denial of Bankruptcy Discharge – Why Debtors Must Be Honest

If you are concerned about the ramifications of California bankruptcy fraud, this article is for you. Not everyone who files bankruptcy is entitled to a California bankruptcy discharge.   For those debtors who are dishonest, or inexplicably destroyed or lost records and documents necessary for complete review of the debtor’s case, a 727 claim may be brought under the Bankrtupcy Code against...

Read More

JCH Law Firm Blog Offers New and Relevant Southern California Bankruptcy Information

JCH LAW FIRM is a Southern California bankruptcy firm specializing in all bankruptcy matters.    We take pride in what we do and offer new and relevant bankruptcy information on a regular basis through our website, www.jchfirm.com.   Check back regularly to view our bankruptcy content.   We help with bankruptcies across all of Southern California.     The JCH Law Firm Blog will...

Read More