Chapter 13 Bankruptcy Issues

Chapter 13 bankruptcy cases are applicable to individuals only. That means people including wage earners and sole proprietors meeting certain debt limits can file chapter 13, but corporations and other related entities are ineligible for chapter 13 bankruptcy.

Learn How to Select a Good & Competent Chapter 13 Attorney in California

Selecting a good and competent chapter 13 California bankruptcy attorney is not always easy.   You have to find someone you trust, yet that attorney must also be competent at what he or she does.   One characteristic without the other will not take you very far in terms of the chapter 13 process. California Chapter 13 Bankruptcies are more involved than chapter 7 cases oftentimes because most...

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San Gabriel Valley Homeowners & Chapter 13 Bankruptcy – It May Be Your Best Chance For Financial Relief

If you are a San Gabriel Valley Homeowner in Southern California, Chapter 13 Bankruptcy may be an alternative you want to consider, particularly where you have 2 or more mortgage payments & your home is underwater in California. It is important to understand that chapter 13 bankruptcy is a structured means to create a repayment plan for all your creditors.  Oftentimes, you can cure...

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Beneficiaries of Revocable Living Trusts Facing Bankruptcy

So you are a beneficiary of a recovable living trust.   You need to file bankruptcy.   Can you?   Well, it depends.   As long as you are not the settlor and the settlor lives through your bankruptcy, your beneficiary interest is contingent, meaning it doesn’t come into your bankruptcy as property of the estate.   That’s because if the settlor is still alive, that person...

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Can I Keep my Car When I File Bankruptcy?

When you file a bankruptcy, you want to keep your basic assets including your car.   When you file chapter 7 or 13, you can generally keep your car assuming you are able to utilize the federal or California based exemptions applicable to your case.   The specifics of how exemptions work or are applied on a case to case basis can be complex.   Thus it is important for you to consult an...

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Chapter 13 Bankruptcy Attorney – San Gabriel Valley

Chapter 13 bankruptcy is complex.   To decide if chapter 13 is right for you, contact our bankruptcy attorney, Jeffrey Hsu, to assist with your chapter 13 San Gabriel Valley bankruptcy needs. Southern California bankruptcy attorney Jeffrey Hsu has helped clients successfully file chapter 13 plans in a variety of circumstances.  Clients who initially filed bankruptcy on their own have asked for...

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How to Find a Quality Consumer Bankruptcy Attorney

So what should you look for when choosing the right consumer bankruptcy attorney for your case?  Everyone should want to retain a quality consumer bankruptcy attorney for peace of mind.   You want to know your attorney has your best interest at hand and that you will be taken care of personally by the attorney representing you.  You also want a competent attorney who knows bankuptcy law. In...

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Small Business Bankruptcy & Personal Guarantees

Recently, I filed a small business bankruptcy/personal bankruptcy for business members of an LLC who had leased a space in one of the newer commercial developments in the San Gabriel Valley.  In such small business bankruptcy cases where personal guarantees were given to secure loans, leases, or other necessary business expenditures, understand that a personal guarantee holds that...

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Are You Eligible to File a Chapter 13 California Bankruptcy Case?

Anyone receiving some source of income can file a chapter 13 California bankruptcy case - at least any individual wage earner or individual generating a form of reliable income.  It is important to understand that chapter 13 is a voluntary process – thus anyone is eligible to file a chapter 13, if they otherwise haven’t filed for bankruptcy recently. It’s become clear that...

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Explaining a Bankruptcy Fraudulent Transfer by California Bankruptcy Attorney Jeffrey Hsu of JCH Law Firm

What’s a bankruptcy fraudulent transfer?  Well, it happens when a debtor conceals or transfers away property to avoid claims of executing creditors for purposes of bankruptcy.  In bankruptcy, there are 2 types of fraudulent transfer laws: state based under Section 544 and federally based under 548 of the Bankruptcy Code.  The state law version has a longer statute of limitations...

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Southern California Bankruptcy Attorney Jeffrey Hsu Explains the Chapter 13 Bankruptcy Process In Orange County

Chapter 13 bankruptcy cases in Orange County are typically filed at the Ronald Reagan Building located at 411 W 4th St, Santa Ana, CA.  When filing a chapter 13 bankruptcy case, typically orange county bankruptcy filers will have their case assigned to Mr. Amrane Cohen, standing chapter 13 trustee. The judges assigned to a chapter 13 bankruptcy case in Orange County will be judges located...

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