Archive for July, 2010

July 10, 2010
 Maxing Out Credit Cards Before Filing For Bankruptcy – Be careful!

Richard Parker is a used car salesperson who lives in Los Angeles and is swamped with debt. He sees an ad from a Los Angeles bankruptcy attorney to declare bankruptcy and learns that he can make all of his credit card bills, bank levy’s, wage garnishments, and medical bills disappear by filing bankruptcy. He decides he is going to file for bankruptcy so goes on a spending spree. Los Angeles bankruptcy lawyers would advise against this type of fraudulent behavior as it would significantly reduce your chance of receiving a discharge after filing for bankruptcy. Richard heard from his friend, who filed for bankruptcy without a bankruptcy attorney, about how easy it was to scam his creditors through bankruptcy. Richard did not know how to file bankruptcy but was confident that he could do the same. Richard maxes out all of his credit cards, purchasing Jewelry, big screen TV’s, clothing, and other nonessential items. Many of these items and cash advances are given to his family members as gifts. Some of it he planned to get back after receiving his discharge in order to hide the assets from his creditors.

Los Angeles bankruptcy attorneys are well aware of all of the bankruptcy laws in your area and will make sure you follow these rules so that you can discharge the maximum debt possible for your situation. Bankruptcy courts are on the lookout for behavior that may be fraudulent and look to the expenditures made in the last 90 days and significant gifts to others. Any debt over $500 to a single creditor of a luxury good is presumed fraudulent. The court may determine you took out loans with no intention of paying them back. This would be considered fraud and the bankruptcy court will either not discharge those purchases or not allow the bankruptcy at all. The court can find this out by looking at the purchases in your credit card statements. A quality Los Angeles bankruptcy attorney will identify any problems in your financial history and only recommend filing a chapter 7 bankruptcy if receiving a discharge is feasible.

Los Angeles bankruptcy lawyers recommend to most debtors that the best option is to not accumulate any more debt if you are thinking about filing for bankruptcy. However, the bankruptcy court will usually ignore payments for essential items, such as food, as long as it is not exorbitant. In addition, the accumulation of penalty fees, such as late payment fees, are not considered as adding more debt as you are not actively incurring more debt. Los Angeles bankruptcy lawyers would advise their clients that they are better off paying secured claims, like a mortgage, that can’t be discharged, rather than paying unsecured debt, such as credit card bills, that will be discharged later. Los Angeles bankruptcy attorneys help thousands file for bankruptcy and will walk you through this process and improve your chances of qualifying for a chapter 7 bankruptcy.

Most who are filing bankruptcy do not know how to file bankruptcy and without a Los Angeles bankruptcy lawyer you have to face the complex and intimidating prospect of filing for bankruptcy on your own. The bankruptcy court will expect you to be not just aware, but proficient in the mountains of rules and regulation of bankruptcy law, file copious amounts of paperwork and also take part in a creditors meeting. Los Angeles bankruptcy lawyers support their clients through the entire process and guide them through the web that is bankruptcy law. In addition, a good bankruptcy lawyer will prevent you from making the crucial mistakes that will prevent you from receiving your bankruptcy discharge. Los Angeles bankruptcy attorneys stay up to date on the latest changes in bankruptcy law to help service your needs. While some may be able to slip through the cracks and file for chapter 7 bankruptcy without bankruptcy lawyers, it is in your best interest to file for bankruptcy the right way with a Los Angeles bankruptcy attorney.

Richard is using large gifts to hide assets from his creditors. Bankruptcy attorneys in Los Angeles will tell you that one of the most common mistakes of those who file without a bankruptcy attorney is giving large gifts in an attempt to hide assets. The bankruptcy court looks to any significant transfers you made as it is a component of the bankruptcy petition. Gifts made by someone in significant debt may be considered a fraudulent transfer. The bankruptcy court will not only go after the debtor for this debt but also the recipients of the gifts. As a part of the bankruptcy process you will provide this information as a part of the bankruptcy petition. A Los Angeles bankruptcy attorney can assist you through this process and handle the mountain of paperwork that bankruptcy entails. Courts are especially concerned with fraudulent transfers that are meant to be returned after receiving a discharge. In some cases this may lead to jail time. Many of those filing for chapter 7 without a bankruptcy lawyer are not aware of the various exemptions available to them and many could have been able to keep more assets than they thought, had they used a bankruptcy attorney. A Los Angeles bankruptcy attorney will help you keep as many of your assets as possible without resorting to illegal tactics.

Richard did not know how to file for chapter 7 bankruptcy so he found a bankruptcy attorney in Beverly Hills. The bankruptcy lawyer asked him simple question about his financial situation, such as his gross wages, his assets, his expenses, and a list of his creditors. After the bankruptcy lawyer learned about Richard’s financial situation he refused to take him as a client because Richard would be unlikely to receive a discharge under chapter 7 due to his fraudulent spending. After being rejected by a credible Los Angeles bankruptcy lawyer, he decides that bankruptcy lawyers are just a waste of money and tries to file his chapter 7 bankruptcy on his own, unsurprisingly he is not granted a discharge. Richard’s chapter 7 bankruptcy petition is missing crucial information about his creditors and he forgoes necessary steps, such as attending the creditors meeting and taking the debt counseling course. Without completing these steps you can’t receive a full discharge and you will continue to owe these debts. Now he must pay his old debt in addition to the debt created in his spending spree. Los Angeles bankruptcy attorneys help their clients avoid making these mistakes by guiding them with their extensive knowledge and experience. Mistakes like leaving out creditors could compound your financial woes as a chapter 7 discharge may be granted on some debts but not on others, causing creditors not mentioned in your petition to cancel your accounts but not discharge your debt. For example, you could have your credit card account closed and be unable to use it but still owe the balance. This is because creditors usually will not keep debtors who declare bankruptcy even though there debt is not discharged. Bankruptcy Attorneys in Los Angeles are willing to work on your side to help you file for chapter 7 bankruptcy and have your debts discharged. Think twice about maxing out your credit cards before filing bankruptcy as you will only weaken your financial situation. Filing for bankruptcy without a bankruptcy lawyer may seem like a way to save money but it will only cost you more time and money through denied claims and other headaches. A Los Angeles bankruptcy lawyer will steer you away from these potholes and get you on track to debt freedom.
Los Angeles bankruptcy attorneys work with an array of different clients, with people in different fields and varying amounts of debt. You can be sure when working with a Los Angeles bankruptcy lawyer that your bankruptcy solution will be tailored to your circumstances. A bankruptcy attorney will do everything they can to keep you thoroughly informed during the process. Going through bankruptcy is a complex process that requires the experience and knowledge of a Los Angeles bankruptcy lawyer.

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July 9, 2010
 Chapter 7 Bankruptcy – Case Example

Susan runs a dance studio in Los Angeles but due to the recent economic decline she has had far fewer clients. Susan could no longer afford to pay for her expenses and her credit card bills are piling up. While most of the debt was in the name of her dance studio, which is a corporation, they were personally secured by her. Therefore, if she had the corporation file for bankruptcy she would still be responsible for the debt. Susan has reached her breaking point as there is only 1 week until her house is put up for sale by her lender. Susan found a Bankruptcy attorney in Los Angeles near her studio.

Generally, filing for bankruptcy stops all of your creditors from collecting even before the bankruptcy is granted. Once a bankruptcy petition is filed, any garnishment of wages, levies on bank accounts and lawsuits stop. Even if a bankruptcy is filed 1 minute before the sale of your home and it is sold anyway, the transaction can be reversed and you will continue to own your home. However the best course of action is to avoid this hassle and contact a bankruptcy attorney before this happens.

Creditors take notice once there is a stay and may be more willing to negotiate. This may be helpful on secured debts such as a mortgage but not as much with unsecured debts like credit cards. Negotiating with credit card bills may be a trap for the unprepared, as the reduction in the amount you owe turns into income you must pay taxes on. In addition, you may find that not all of your creditors will be willing to negotiate and you will in the end still file for bankruptcy but only after paying more money to creditors than you would have otherwise.

A chapter 7 bankruptcy allows all of your unsecured debts like credit cards to be discharged. A chapter 13 allows you to keep more of your property (i.e., home in foreclosure, automobile, etc…) and puts the debts on a 3-5 year payment plan based on the amount of excess income after paying expenses, but the amount of unsecured debt cannot exceed 300,000.

Susan’s attorney felt that a chapter 7 bankruptcy was the right choice because although the mortgage on her home in Los Angeles was upside down her unsecured debt was too high for a chapter 13 and her current income did not exceed her expenses. Susan’s attorney helped her through the process of a chapter 7 bankruptcy.

Susan now had a fresh start and was able to keep living in her home and running her dance studio. While many believe bankruptcy eliminates any future ability to get credit Susan was able to get new credit cards shortly after receiving her discharge

Bankruptcy Attorney in Los Angeles | Bankruptcy Attorneys in Los Angeles

Bankruptcy Lawyer in Los Angeles | Bankruptcy Lawyers in Los Angeles

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Posted in Chapter 7 Bankruptcy / Chapter 13 Bankruptcy, Los Angeles Bankruptcy Attorney and Bankruptcy Lawyer, Uncategorized | No Comments »

July 4, 2010
 Chapter 7 Bankruptcy versus Chapter 13 Bankruptcy – Client Example

Rita Geraldo is a single mother with 3 children who lives in a small home in Los Angeles. Rita works as a dental assistant in Beverly Hills but could just make her payments and was nearly drowning in debt. However after a change in the interest rates on her adjustable rate mortgage these payments have doubled and reluctantly she cannot afford to pay her credit card bills. Missed payments have caused the interest rates on her credit cards to skyrocket in only a few months and this is on top of the penalty fees for failing to pay. As her debt grew even larger her credit card companies turned over Rita’s accounts to various debt collection agencies. Before only the fear of debt was keeping her up at night but now the collection agencies are making her phone ring off the hook with threats of lawsuits, garnishments of wages, and levying of bank accounts. Rita knew it was now time to take charge of her debt problems.

Rita had heard of bankruptcy before but was embarrassed and was not sure where to start. Rita found an attorney in Los Angeles near the office where she worked and he walked her through the process of filing for bankruptcy. Most individuals will either file for a Chapter 7 or Chapter 13 bankruptcy. Filing for a chapter 7 would allow her to eliminate all of her unsecured debt such as credit card bills and doctors bills. While filing a chapter 13 puts all of your debt both secured and unsecured on a 3 to 5 year payment plan based on your excess income. In certain circumstances, a Chapter 13 bankruptcy can be used to get rid of a second mortgage entirely. A chapter 7 will only allow you to keep exempt assets which for most will be every asset you own. A Chapter 13 bankruptcywill allow you to keep both exempt and nonexempt property but takes more time and is more complex.

Rita really wanted to keep her home and even if her credit card bills were eliminated she could not afford her 2 mortgages so she decided to file for a Chapter 13 bankruptcy. Filing a Chapter 13 bankruptcycreates the opportunity for a lein strip. A lein strip allows a second mortgage which is generally classified as secured debt to be reclassified as unsecured debt like her credit card bills.

She then told the attorney of all her debts, creditors and collection agencies. After starting the process with the attorney Rita had to take a short Debt Management course online. At the attorney’s Los Angeles office, they took care of the mountains of paperwork involved in the process.

The process still had a few steps left as Rita had to take part in a meeting with the bankruptcy trustee. At the meeting she had to answer questions from the trustee which she answered honestly. The meeting with the trustee includes you, your bankruptcy attorney and your creditors. Most of the time the creditors don’t show up. After it was determined that she was not hiding any assets a payment plan was established using the excess income she had after paying her expenses. This calculation excludes any payments to unsecured debt as expenses (i.e., credit card debt). The payment plan goes to a confirmation where a judge decides if the payment plan is satisfactory. Now as a part of the payment plan she only needs to pay her excess funds over the next 5 years while the rest of her debt is eliminated.

Rita is now living comfortably and can afford to pay her mortgage and all her other bills without living in fear of harassment from debt collection agencies.

To learn more about bankruptcy, feel free to contact Mr. Darvish at (310)205-5529. He is truly an attorney that cares and places great effort in making sure his clients understand the process thoroughly.

Los Angeles Bankruptcy Attorney | Los Angeles Bankruptcy Attorneys

Los Angeles Bankruptcy Lawyer | Los Angeles Bankruptcy Lawyers

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Posted in Chapter 7 Bankruptcy / Chapter 13 Bankruptcy, Creditors, Los Angeles Bankruptcy Attorney and Bankruptcy Lawyer, Secured and Unsecured Debt | No Comments »

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