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.

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...

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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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Explaining Chapter 20 Bankruptcy in California

Chapter 20 Bankruptcy in California is the concept of a debtor filing a chapter 7 case and then subsequently filing a chapter 13 case.  Afterall 7 + 13 = 20.   So why does this matter?   Well, when one files a chapter 7 case, one receives a chapter 7 discharge.  Generally speaking, if one files a subsequent chapter 13 case, one cannot receive a discharge, at least not for a chapter 13 case...

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Chapter 13 California Bankruptcy Debtors Can Potentially Save Investment Properties In Bankruptcy

The Bankrutpcy Law Network has an excellent blog on many bankruptcy topics.   Today, I will discuss one of the blogs titled: Chapter 13 can save an investment property – Lien stripping in action. Chapter 13 California Bankruptcy Debtors often consider lien strips on their residences.  However, what happens with investment property?   Well, the same prinicples apply to investment property...

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Can You File Bankruptcy in California If You Receive Unemployment Income?

Oftentimes, clients are unsure whether they can file bankruptcy while receiving unemployment income. The answer depends on whether a client’s current monthly income (as calculated under the bankruptcy code pursuant to 11 USC Section 101(10A)) for the six months prior to the month in which the case is filed causes the client’s household income to be above or below the median household...

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