Bankruptcy Topics

The JCH Law Firm Bankruptcy Blog is broken down into various topic categories of interest so that the end-user will quickly find topics of particular interest.

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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Cheap Affordable Southern California Chapter 7 Bankruptcies – Too Good to Be True?

I recently saw an online advertisement for chapter 7 bankruptcy services by an attorney offering to do the work for rock bottom pricing.   The attorney’s website failed to clearly indicate specific office address locations and made no mention of any relevant bankruptcy experience or applicable bankruptcy credentials. Really the website failed to disclose much at all except the...

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San Gabriel Bankruptcy Attorney Jeffrey Hsu Gets Results For Business Bankruptcy Clients

Recently I, Bankruptcy Attorney Jeffrey Hsu of JCH LAW FIRM,  successfully filed a bankruptcy for members of an LLC faced with personal guarantees related to a retail business.   While some bankruptcy attorneys recommended that they file for chapter 7 corporate bankruptcy (I believe those attorneys were hoping to justify the generation of additional attorney’s fees), I act with...

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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.  Generally, 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...

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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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Is Your Business An Asset In Your Personal Bankruptcy Case?

Oftentimes, I get calls from individuals asking why their S Corp, LLC, partnership, C Corp, or other business entity must be accounted for as an asset in their personal bankruptcy filing.  Well, it’s actually quite simple.   The business owner has an interest in the business as a shareholder, member, or partner of the business entity. Sure you might not even be benefitting from direct...

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Has the Absolute Priority Rule Died For Individual Chapter 11 Cases?

People typically think “LA Dodgers Bankruptcy” or “Lehman Brothers” or “General Motors Bankruptcy” when hearing the term Chapter 11 bankruptcy. But Chapter 11 bankruptcy also applies to people, individuals who are sole proprietors or wage earners with either secured debt or unsecured debt above and beyond what is allowable in a chapter 13 context. For such...

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How To Defeat the Creditor’s Motion to Extend Time To Object to Bankruptcy Discharge

Oftentimes in bankrutpcy , creditors pursue the dischargeability of claims against the bankrupt debtor.   In such cases, these creditors believe debtors have engaged in a pattern of fraud.   In other cases, creditors are unsure whether fraud exists, but the creditor is unwilling to give up its claim via a bankruptcy discharge.  Thus, such creditors may ask the court for an extension of...

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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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Southern California Bankruptcy and Evictions – How Does this Work?

So you have a property that is subject to a 3 day notive to pay rent or quit in California.   What now?   Well that depends on whether the unlawful detainer has been filed or not.   Where the “UD” has not been filed, the landlord will generally be unable to continue an unlawful detainer action although there may be other requirements of the debtor under 362 of the bankruptcy...

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