Blog

Welcome to the JCH Law Firm Southern California Bankruptcy Blog. Here you will find discussions and articles on new and relevant information regarding bankruptcy matters and general legal issues related to bankrutpcy. Topics are organized by category so that you can quickly access those topics of interest that are most important to you. You can find the category box located on the middle right hand side of the blog pages. We cover all issues related to bankruptcy so check back often or feel free to contact us at 800-371-5523 or email us at info@jchfirm.com should you have a particular question that needs to be addressed.

Make Sure a Claim is a Claim in Your Southern California Chapter 13 Bankruptcy & Save Money.

If you are thinking about filing Southern California Chapter 13 Bankruptcy, then make sure you know how much you owe your creditors.   Most potential debtors typically focus on how much they must repay based on their disposable income, but many fail to really take a close look at what they owe. For example, oftentimes, creditors might not hold legitimate claims in bankruptcy.  Claims are...

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JCH LAW FIRM CAN HELP PASADENA RESIDENTS, BUSINESSES, & CREDITORS FILE FOR CALIFORNIA BANKRUPTCY

My current office is located in the heart of the city of Alhambra, California so that I can easily service all clients in the San Gabriel Valley and beyond.  The city of Pasadena, California is no different.  Oftentimes, Pasadena clients don’t believe or realize just how close the city of Alhambra really is.   A Google maps search indicates it’s merely a 13 minute drive of 5...

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Can I file a Southern California Bankruptcy to Delay a Residential Eviction? It Depends….

So if you are a tenant renting an apartment, house, condo, or whatever may represent your residence, and you find yourself late on renting or unable to fulfill the lease agreement, be prepared to find yourself facing an eviction, otherwise known as an unlawful detainer action. 11 USC 362(b)(2)) says that the automatic stay doesn’t apply to tenants who file bankruptcy where the landlord...

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Is the Homestead Exemption in California Chapter 7 Bankruptcies Still What We Think It Is?

Recently I attended a great Central District Consumer Bankruptcy Attorney Association event regarding the Homestead Exemption and Chapter 7 Bankruptcies. So first of all, there’s a difference in California as it relates to Automatic Homesteads (CCP 704.710) and Declared Homesteads (CCP 704.910).  Courts under California’s jurisdiction have held that the homestead was created to allow...

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Is it Safe to File a California Chapter 7 Bankruptcy Holding Unvested Stock Options?

When a debtor obtains property after the filing which is on account of both prepetition and postpetition services, the property is divided between the debtor and the estate in the same ratio as the services. In re Jess, 215 B.R. 618 (9th Cir.BAP 1997).  So what does that mean?  Well if your stock options are dependent on your personal services, you had better pay attention.   That’s...

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My Name is on Title to Real Property, But I Don’t Own the Home! Can I file for California Bankruptcy Holding Bare Legal Title?

Be careful if you are contemplating a bankruptcy and you hold title to real property.  Even if you don’t believe you have any equitable interest in the home, a bankruptcy trustee may disagree with you. A common scenario is where you take title to a residence your relative owns.  Imagine your parents want to leave their home to you as a probate avoidance device.  Well, perhaps they should...

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Help! I Don’t Pass the California Chapter 7 Bankruptcy Means Test! Now what?

In all chapter 7 individual cases where consumer debts are at issue, the persons filing for chapter 7 bankruptcy are subject to the Chapter 7 Means Test within official Bankruptcy Form 22.  Again the means test, in short, determines whether or not you have too much disposable income for purposes of filing for chapter 7 bankruptcy. What happens though if you do not pass the means test?   Is all...

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It’s Easier to Get Struck By Lightning Than Discharge A Student Loan Obligation in Bankruptcy.

Check out 11 USC Section 523(a)(8) of the Bankruptcy Code.  In essence, it says that student loans cannot be discharged, except in situations of “undue hardship” on the debtor or debtor’s dependents.  That’s easy to say but hard to prove.  Why does 523(a)(8) even exist to except student loans from being discharged in bankruptcy?  Well,  Congress didn’t want...

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Are More California Munipical Bankruptcies On Their Way?

Recently, the cash-strapped city of San Bernadino decided to file for municipal bankrutpcy  following the footsteps of Stockton and Mammoth Lakes.  Also, the California city of Vallejo emerged from bankruptcy after filing chapter 9 for its own reasons stemming of course from financial troubles. On the heels of these events, local southern California cities are looking for new ways to...

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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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