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.

The Top Reason To File Bankruptcy

Want to know the top reason to file for bankruptcy: Well, it’s to Get a Fresh Start This fundamental concept of bankruptcy is ever so important to those who actually do file bankruptcy.  People file bankruptcy to move forward with life, and that is really and truly when people should file for bankruptcy protection.   Good people who cannot afford to pay their debts due to medical...

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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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Alhambra Bankruptcy Attorney Jeff Hsu Discusses Chapter 7 Bankruptcy

Chapter 7 Bankruptcies are often called liquidation cases or pay out cases. However, most consumer bankruptcy chapter 7 cases are “no asset” cases meaning that no liquidation or payout is available to creditors in a chapter 7 context based on the chapter 7 trustee’s business judgment. In such “no asset” cases, the time a clients finds himself or herself...

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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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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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