January, 2012

Buyer Beware: Bankruptcy Petition Preparers

First, there are law abiding non-attorney bankruptcy preparers out there – they are rare but do exist.   In essence a law abiding non-attorney preparer transcribes information you provide them onto the bankrutpcy documents and schedules.  This realisitically makes any service that a bankruptcy petition preparer can provide very limited in scope.    Bankruptcy Petition Preparers are...

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Individual Chapter 11 Cases and The Absolute Priority Rule

Individual Chapter 11 Cases are unique – these are cases where employed individuals or wage earning spouses file chapter 11 where they do not otherwise qualify for ch7, ch13, or where those chapters of bankruptcy are not in their best interest.  In such cases, the only alternative may be a chapter 11 individual case filing.   These individual chapter 11 cases are more than just...

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Monterey Park Bankruptcy – JCH Law Firm Can Help

Recently, a client located in Monterey Park, CA said that while my bankruptcy office was close by her Monterey Park residence, she didn’t find any good bankruptcy attorneys directly associated with the city of Monterey Park.  However, luckily she expanded her search and came across my Alhambra bankrupty office just a few miles away from most residents and business owners doing business in...

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Divorce and Bankruptcy: When The Ex-Spouse Files For Chapter 7 Bankruptcy, What to Do?

Bankruptcy and Divorce are often suprisingly related.  Oftentimes, when spouses divorce, one spouse will file bankruptcy – this is typically the spouse who either earns no direct income or qualifies for chapter 7 bankruptcy based on his/her separate income. Typically speaking, domestic support obligations such as alimony and child support are not dischargeable under 11 USC 523(a)(8) of the...

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I Did Not File Bankruptcy But I got Sued by The Chapter 7 Trustee?! Now What?

Recently, I assisted a company in the service sector that was sued by the Chapter 7 Trustee  because of its business dealings with a corporate debtor who had filed a chapter 11 case that was later converted to chapter 7.   The trustee was conducting a due diligence search by filing lawsuits against many of the corporate debtor’s vendors, including the company that I assisted. Naturally,...

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