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.

California Homeowners Contemplating Bankruptcy : Know your Foreclosure Rights When Dealing With Your Home Owners Association

Believe it or not, millions of Californians live in Home Owners Associations otherwise known as HOA’s. California Homeowners who are facing problems with their HOA must recognize and understand what the HOA may and may not do. For example, while an HOA has the power to foreclose to force assessment payments under California Civil Code Section 1367.1, the assessments must be at a...

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Southern California Bankruptcy Fees Increased on November 1, 2011

Effective November 1, 2011, all bankruptcy court fees were increased. Of particular note, it now costs $7.00 more to file a chapter 7 ($306 from $299); chapter 13 case ($281 from $274); and chapter 11 case ($1046 from $1039) in California. These are not the only bankruptcy associated costs that were increased by the court, but the filing fees signify the most prominent fees that were increased by...

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Special Guest Blog by Attorney Andrea W.S. Paris: An Employer’s Responsibility to Accomodate Disabled Employees

Today I bring you a special guest blog by attorney Andrea W.S. Paris, who focuses her Newport Beach-based legal practice in the areas of Employment Law, Estate Planning, and Civil Litigation.  Ms. Paris authors an informative blog on issues related to her areas of practice through her law firm website, The Law Offices of Andrea W.S. Paris.  Here is Ms. Paris’ guest article: A study...

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Need An Honest Southern California Bankruptcy Attorney?

Believe it or not a bankruptcy petition is processed by the Central District Bankruptcy Clerk’s Office around every 4 minutes.  That’s a lot of bankruptcies.   In 2010, in the Central District (where Orange County, LA County, Riverside County bankruptcies are filed), there were over 140,000 filed cases.    2011 will prove about the same in terms of the number of filings when all...

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Choose JCH Law Firm & Attorney Jeffrey Hsu for your California Chapter 13 Bankruptcy Case

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 Jeffrey Hsu’s assistance after the U.S. Trustee objected to their case.  Other clients have come to Mr. Hsu after other Southern California bankruptcy lawyers were unable to confirm their...

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JCH Law Firm Can Help With Business Bankruptcy Cases

At JCH Law Firm, we have experience handling business bankruptcy cases.  Attorney Jeffrey Hsu has successfully filed bankruptcy and advised numerous businesses regarding their options in and out of bankruptcy.  Sample business bankruptcy filings for attorney Jeffrey Hsu include filing bankruptcy for owner/operators of an RV Park, solar panel corporation, commercial feed lot, trucking...

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Understanding the Rejection of Leases in Chapter 13 Cases

In chapter 13 cases, debtors may choose to reject leases to personal property, real property, or commercial property in the approrpiate cases.  These decisions can have a dramatic impact on a debtor’s plan payment provisions depending on the type of lease interest the debtor holds. Personal Property Leases Rejection of personal property is spelled out in 11 U.S.C. Section 365 of the...

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Can Chapter 13 Bankruptcy Debtors Who Are Recipients of Child Support Payments Deduct It as an Expense on the Chapter 13 Means Test found in Official Bankruptcy Form B22C?

I have previously discussed the chapter 7 means test here.   Chapter 13 bankruptcy cases have a similar forumalic calculation.   The Chapter 13 bankruptcy calculation is found in official form B22C; it preliminarly determines a chapter 13 bankruptcy debtor’s monthly disposable income based on historical income, similar to the chapter 7 bankruptcy means test.  Accordingly, a...

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JCH Law Firm Helps People File Riverside Bankruptcy & Riverside County Bankruptcies

Why should debtors or creditors choose JCH Law Firm to represent them in a Riverside Bankruptcy or Riverside County bankruptcy case?  Well, I  understand the bankruptcy laws as they apply in the central district and more specifically in Riverside County because I have experience working for a former chapter 7 trustee, a bankruptcy judge, and the U.S. Trustee.  JCH Law Firm offers what...

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Learn About Chapter 13 Lien Stripping From San Gabriel Valley Bankruptcy Attorney Jeffrey Hsu

In many chapter 13 cases filed today, a critical issue arises over lien stripping of a debtor’s residence.  Oftentimes a debtor believes his or her home is worth significantly less in market value than what the secured lender believes.  This matters particularly in cases where a debtor seeks to retain a home in bankruptcy by “stripping off” a second or third lien on the...

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