Archive for the ‘Uncategorized’ Category

December 24, 2011
 What Assets Do You Need to Disclose To the Bankruptcy Court When Filing For Bankruptcy

What Assets Do You Need to Disclose To the Bankruptcy Court When Filing For Bankruptcy?

The short answer is “All”!  The bankruptcy court must know about all your assets including those assets that are located in other countries (i.e., Mexico, Europe, Middle East, South America).  They must know what assets you have in order to determine what can be sold/liquidated by the bankruptcy trustee and distributed to your creditors.

Sometimes, debtors do not realize that they have certain assets.  Generally, people think of assets as homes, cars and bank accounts.  However, it extends even further than that.  If you are a real estate broker, the commission you will potentially earn is considered an asset and is subject to the bankruptcy trustee.  Existing lawsuits and potential lawsuits are also considered assets.  Even if you potentially are able to inherit assets after a family passes away within 6 months of filing your bankruptcy is considered an asset.

That is why you must be careful when you file for bankruptcy – especially a Chapter 7 bankruptcy.  When you file for bankruptcy, your bankruptcy attorney will tell you that you are only entitled to keep approximately $23,000 to $26,000 in assets without having the bankruptcy court taking it and selling/liquidating it.  Anything above and beyond this amount  is up for grabs by the bankruptcy trustee.  That is why you must be extremely cautious when you file for bankruptcy.  We have seen homowners file for bankruptcy on their know even though they have a substnatial amount of equity in their home.  Homeowners believe that the courts cannot touch their personal residence.  They are wrong!  The bankruptcy trustee is entitled to sell it, distribute the proceeds to your creditors and the remaining balance (after attorneys fees and trustees fees) will be distributed to you.

If you have any questions on the potential consequences of filing for bankruptcy, please feel free to one of our bankruptcy attorneys.  They will be glad to help you decide whether bankruptcy is the right decision for you.

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September 18, 2011
 Chapter 7 Bankruptcy – How Can A Bankruptcy Lawyer Help

What is a Chapter 7 Bankruptcy and who can qualify for this type of protection? Bankruptcy is not a scary word any longer with the economy being so bad. Regular folks have had to find ways to relieve the pressures of the debts they owe. Filing a Chapter 7 bankruptcy can help such people who find themselves in this type of situation. A Chapter 7 Bankruptcy also known as liquidation is the most common filing type as well as one of the fastest ways to start fresh with having most if not all of your debts discharged. The main goal of a Chapter 7 Bankruptcy is for the debtor to emerge out of a financial crisis and start fresh. Once you are aware of the options and find a Los Angeles Bankruptcy Attorney, they will assist you in preparing a bankruptcy petition. They will also attend the Creditors Meeting with you. You will also be assigned a bankruptcy trustee to verify all the information. Today a Chapter 7 Bankruptcy usually takes 4-6 months until you receive a discharge of all your debts. After the 4 to 6 months, you now have a fresh start without any debts holding you back.

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 How Much Does Filing For Bankruptcy Cost?

Many people who call our offices often ask first “how much will it cost me to file bankruptcy?” Under the circumstances it is understandable. Planning for bankruptcy is a difficult time in their lives and we completely understand the question. There are many advertisements on TV and radio claiming a cheap price. Frankly one must always read the small print because there is almost always a catch to these claims. If there was a sure way to put a single price for our clients, we would. However, everyone’s circumstances are different and needs different attention from our lawyers. Coming in for a free consultation is the best way to find out how much it will cost to file for bankruptcy. Our attorneys can definitely answer that question for you, and usually over the phone.

During a consultation, discussion of your own finances will be conducted by an experienced and non-judgmental professional lawyer. He will give you the time to discover exactly what your situation really is and how the law might apply to you as well as guiding you in the right type of bankruptcy to file.

People who come to see us need help and assistance because they are losing sleep over their problems. It is important to hear the right path for you from an experienced attorney who is here to assist you and not to take advantage of you or your family. People’s financial situations are personal and just like a finger print “not everyone is the same”. Therefore, why would we charge the same price for planning different ways to assist our clients. In a one size fits all pricing you might not get the assistance you really might need. We promise to you that when you decide to schedule a consultation with us that the price we offer will be fair and we will begin analyzing each case with the upmost importance to get you back on a fresh start.

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August 11, 2011
 Affordable Los Angeles Bankruptcy Attorneys and Lawyers

Affordable Bankruptcy Lawyers and Attorneys in Los Angeles

Many people who call our offices often ask first “how much will it cost me to file bankruptcy?” Under the circumstances it is understandable, planning for bankruptcy is a difficult time in their lives and we completely understand the question. There are many advertisements on TV and radio claiming a cheap price. Frankly one must always read the fine print because there is almost always a catch to these claims. If there was a sure way to put a single price for our clients we would, but everyone’s circumstances are different and needs different attention from our lawyers. Coming in for a free consultation is the best way to have our attorney’s give you a price of your bankruptcy that can help you as an individual not just another number. Although we do not charge our clients $300 to file for bankruptcy, I can assure you that we are the most affordable Bankruptcy Attorneys in Los Angeles.

During a consultation, a discussion about your finances will be conducted by a professional who gives you the time and attention you deserve. We discover exactly what your situation really is and how the law might apply to you. We also guide you on the right type of bankruptcy to file – Chapter 7 or Chapter 13. People who come see us need help and assistance because they are losing sleep over their problems. It is important to hear what your options are from an experienced bankruptcy lawyer who is here to assist you and not to take advantage of you or your family. People’s financial situations are personal and just like a finger print “not everyone is the same”. Therefore, why would we charge the same price for planning different ways to assist our clients. In a one size fits all pricing, you might not get the assistance you really need or the guidance from an experienced bankruptcy attorney?

Our prices are affordable, and that is why we claim ourselves to be the most affordable Bankruptcy Lawyers in Los Angeles. We promise to you that when you decide to schedule a consultation with us, that the price we offer will be fair and we will begin analyzing each case with the utmost importance to get you fresh start.

So, feel free to call us for a free no obligation consultation at (800)921-6513.

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February 13, 2011
 How To Strip Your Second Mortgage From Your Home In Bankruptcy – Lien Stripping

The benefit for filing a Chapter 13 is that you may be able to strip your second mortgage. This is called a “lien strip” or “lien avoidance”. This can make a difference between being able to save your home or having it go through foreclosure. Lien Stripping does not necessarily mean your second mortgage is eliminated, but it is converted from a secured debt to an unsecured debt – and, it only occurs in a Chapter 13 bankruptcy. Once your Chapter 13 bankruptcy plan is completed (3 to 5 years), your second mortgage is eliminated much like your credit card debts. By changing its status to unsecured debt, it is treated the same as if it were to be a credit card or medical debt. The unsecured debt (including your second mortgage) will be discharged after your bankruptcy plan is complete, whereas your secured debt must be continued to be paid on (i.e., your first mortgage).

Example for Lien Stripping:

A home in California was purchased for $250,000. The debtor obtained a first mortgage for $200,000 (1st mortgage) secured by a deed of trust, and a 2nd mortgage of $50,000, also secured by a deed of trust. The value of the property has declined because of the economy and it is now only worth $180,000. Because the value of the property is now less then what the 1st mortgage is, the 2nd mortgage has no value, which then becomes unsecured.

In a Chapter 13 Bankruptcy, the owner may now have the second mortgage lien stripped off from the property. This means, it could be treated in the bankruptcy plan as ordinary unsecured debt.

How Lien Stripping Occurs:

During a foreclosure process, the property owner may declare bankruptcy (either a Chapter 7 or Chapter 13). However, in order for a Lien Strip to work, the debtor must file for Chapter 13. Filing bankruptcy freezes a foreclosure (also called an automatic stay). The bankruptcy court than reviews your case. In most Chapter 13 bankruptcies where the second mortgage has no equity, the court may rule the second mortgage as unsecured debt, which is called “lien stripping”.

This is What May Occur:

• The property owner purchases a home by obtaining a first and second mortgage.
• Due to the economy, the property value falls below what the debtor owes on the first mortgage.
• If there is insufficient equity left in the property to cover the second mortgage, the court may strip the second mortgage lien off the property. This means that the debt becomes unsecured debt.
• Filing for bankruptcy may stop a foreclosure from happening.

The process of lien stripping may occur during the bankruptcy process. This not only helps the debtor keep the home, but also eliminates some of the debt owed on the property.

A lien strip is not a typical occurrence in a bankruptcy. It requires extensive research and drafting of court documents. It should be performed by an experienced bankruptcy attorney. Hiring an attorney for this type of case is very important. You may need all the legal advice for this situation to help and ensure the process moves forward efficiently and successfully.

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

December 4, 2010
 Hiring a Los Angeles Bankruptcy Attorney

If you are considering filing for bankruptcy and overwhelmed with financial stress caused by creditors , or, are your bills piling up and making you lose sleep over what your options are? California leads the nation in the amount of bankruptcies filed each year according to the AACER (Automated Access to Court Electronic Records.) Hiring a professional who has the tools to assist you in your rough times with highly trained individuals and compassion for what you are going through is an important step in the recovering process. Our team at the Law Offices of Alon Darvish can help you with making the right choices and steer you back into the path of financial stability. For some, the embarrassment of facing such challenges will result in the decision to go about doing it alone which is a mistake in the long run as such a big decision plays an important part in your future. The chances of making errors during the bankruptcy process can mean you not being awarded the discharge of your debts and can become another hassle in your life. Here are some examples of why hiring a qualified individual can make the process stress free and beneficial.

Knowledge of the Law
California attorneys are knowledgeable about the California Bankruptcy process and may know the laws that need to be applied for each case. New Laws under the Bankruptcy Abuse Prevention & Consumer Prevention Act make it more difficult for individuals to file for bankruptcy by themselves. Bankruptcy laws vary depending on the state they reside in, therefore having a qualified bankruptcy attorney helps the process along. One of the advantages of having an attorney is that they understand your situation and can advise you on what is going on so you are not left in the dark during your troubling times.

Paperwork
The process to file for bankruptcy in Los Angeles is time consuming, as the amount of paperwork that needs to be completed is a big amount. Filing the right information is crucial to your bankruptcy as it is the foundation of what needs to be done.

The process can be cumbersome. You may have a mountain of paperwork, which you will need in order to file bankruptcy with the court. Gathering these documents can take time and preparing the petition with incorrect information can cost you more money. A Los Angeles bankruptcy attorney can assist you with gathering all the proper information needed and they will help you file them accordingly.

Representation
Once you have hired a bankruptcy attorney, they will represent you during your case. This includes letters sent out to creditors that you have and will help eliminate the phone calls and collections of property as they are required to contact the attorney, not you. Your attorney will accompany you to your creditors meeting which is a vital part of the process to file Chapter 7 Bankruptcy. This meeting will determine which property can be taken and sold to repay the debts. Usually, bankruptcy trustee’s do not take property from the because they are entitled to keep certain assets. The trustee will be asking questions which can be intimidating and with an attorney present they can help you answer them so you avoid costly mistakes in the long run.

Attorneys are legally bound by a code of ethics when representing you and will work diligently on your behalf to either negotiate your debts or advise you whether a bankruptcy is the right choice for your circumstances. Our firm will not make empty promises as to what we can do for you. Rather, we will carefully discuss your best options and purse the objective of getting your debts under control, either through bankruptcy or other debt handling means.

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 Changes on Bankruptcy Laws – Filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy

The new changes to the bankruptcy law was enacted in 2005 by Congress and the Senate. The reason they have changed the law is to allow people who can make some payments to creditors not be able to file a Chapter 7 bankruptcy which would eliminate all the debt. It means that those who receive a higher income have to file a Chapter 13 bankruptcy . All debtors now also have some new guidelines to follow regarding the bankruptcy process which is another reason why hiring a Bankruptcy Attorney in Los Angeles is still the best way to go. Changes include a Means Test to verify which chapter they should file, as well as counseling has to be taken before and after filing on budgeting and debt management before the California Bankruptcy Courts will allow their Bankruptcy to be complete.

Means Test
The means test was invented to figure out whether you have enough disposable income allowing to either have to file a Chapter 7 (a complete liquidation) or Chapter 13 (repayment plan) Bankruptcy. It subtracts certain allowed expenses and required debt payments, to see if you can make payments on a Chapter 13 plan. To find out whether you pass the means test, you subtract certain allowed expenses and debt payments from your current monthly income. If the income that’s left over after these calculations is below a certain amount, you can file for Chapter 7 . This test is specific to the State that you live in using the Median Household Income. In California the median is $47,234 for a single person household and increases with the number of dependents and income of the household.

Counseling
Before you can file for bankruptcy under either Chapter 7 or Chapter 13 bankruptcy , you must complete credit counseling with an agency approved by the United States Trustee’s office. This is easily done online and helps the debtor learn about what is going on in the process to help avoid future pitfalls. Local attorneys can assist one with the proper tools to go about the counseling. This step is required to determine as well which type of bankruptcy you have to file. At the end of filing the bankruptcy you are required to take a personal financial management course before the California Bankruptcy Court can discharge your debts.

In order to thoroughly work out your eligibility, meeting with a bankruptcy lawyer from the Law Office of Alon Darvish is essential to beginning financial freedom and have the dedicated viewpoint you will need when confronting your financial circumstances. Our office cares about you and ultimately wants to have your debt situation handled and see you moving forward in life with a better financial outlook.

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October 24, 2010
 When Chapter 7 Bankruptcy Is Not The Right Choice

When A Chapter 7 Bankruptcy Is Not The Right Choice

Chapter 7 bankruptcy is a liquidation proceeding where your unsecured debts are discharged and all but your exempt assets are sold. Bankruptcy helps millions get out from under the grip of creditors but chapter 7 can’t help everyone. With the exception of unsecured debt, chapter 7 will usually not be helpful where there is an excess of income, equity, or secured debts you are thinking of keeping. In addition to these categories, bankruptcy won’t have an effect on certain debts due to concerns of bankruptcy abuse such as certain fines, student loans, and certain judgments. Finally, look at your secured debt versus unsecured and balance the positives and negatives.

It is not ideal to file bankruptcy if you have lots of assets or equity. In the typical Chapter 7 bankruptcy , the majority of the debt will be from credit cards and the debtor will have few assets. With few assets, the general exemption will not be exceeded and there will be no non-exempt assets for the trustee to sell. In bankruptcy, equity is treated like any other asset and if there are assets that are not considered exempt, the bankruptcy trustee has the right to sell them and pay the creditors. Therefore,if you had more nonexempt assets than unsecured debt you would probably be better off not filing. Or, if you have assets that you are determined to keep which exceeds the exemption amount, you are essentially allowing the bankruptcy trustee to sell your assets. You could end up giving the trustee your family heirlooms, cars, houses, stocks and bonds. This also extends to chapter 13 bankruptcies because to have a valid chapter 13 plan the amount paid to unsecured creditors must equal the amount that the same bankruptcy in chapter 7 would yield.

If you have substantial excess income, you may not be eligible for chapter 7. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) changed bankruptcy law to prevent abuse. This added requirements like the means test which won’t allow you to file for chapter 7 if your median income is above the median income for your area for the particular family size. With too much excess income you will not be able to qualify for a chapter 7 and the bankruptcy trustee may decide to convert your bankruptcy into a Chapter 13 .

Chapter 7 is not recommended where the majority of your debts are unsecured but are in special categories of bankruptcy law. Bankruptcy is designed to help those who are unfortunate rather than ill willed. If you have debts cause by drunk driving, larceny, embezzlement, or similar crimes, these can’t be discharged. Student loans and support payment are also not dischargeable as it would encourage abuse of bankruptcy.

Finally if your debts are primarily secured debts, chapter 7 might not be the right option. Since Chapter 7 bankruptcy only discharges unsecured debts the secured debts will survive the bankruptcy. If you also have a substantial amount of unsecured debt and relieving that debt would allow you to pay your secured debt, then chapter 7 may be the right solution. It may also improve your ability to get a loan modification because you will have more funds available when your unsecured debts are discharged. These are only broad areas that you may consider and only a Los Angeles Bankruptcy Lawyer can analyze your situation and help you plan the right course of action.

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Posted in Chapter 7 Bankruptcy, Credit, Los Angeles Bankruptcy Attorney and Bankruptcy Lawyer, Means Test, Uncategorized | No Comments »

August 20, 2010
 Bankruptcy Stops All Collection Attempts

Julio owned a house in Woodland Hills that was about to be foreclosed on. As the sole owner of repossession company he could just barely make ends meet, and he was behind on not just his three mortgages and credit card bills, but also his auto loan. Julio had no insurance and after a serious heart attack he could no longer afford to make any further payments and his bank moved to foreclose on his home and repossess his truck. To prevent his truck from being repossessed he hid it in the garage of his home but since the home is also up for sale the truck will likely be taken right after the sale of the home. He is now in position to lose both his house and truck at the same time. This truck was not just for transportation but a tow truck he used to make his living. He found a bankruptcy attorney in Los Angeles who told him how bankruptcy could get him relief.

Filing for bankruptcy triggers an automatic stay which stops most creditors from collecting funds or property in any way. This stops foreclosure sales and if the sale is concluded after the bankruptcy filing, that transaction is reversed. In addition to foreclosures, it stops cutoffs in utilities, repossessions, wage garnishments, civil lawsuits, and bank levies. While this applies to utility bills it is not advised to
file for bankruptcy solely for an amount as small as unpaid utility bills as the bankruptcy court may see the filing as abusive. A final caveat is that a creditor can be relieved from an automatic stay if secured property is subject to unacceptable risk or the debtors appears to be unable to make future mortgage payments or pay arrearages.

Julio was used to changing homes and was not concerned about losing his home but without the truck for repossessing vehicles, or another source of income, he could not afford to have it repossessed. Bankruptcy allows a certain dollar amount of exempt items which creditors cannot take and there are special categories for items such as equipment used for work that are not counted as a part of the general exemption. Since the truck was had no equity it did not use any of his exemptions. Therefore Julio can keep things like clothing, jewelry, and some electronics, in addition to the tow truck. As his current income over the last 6 months was below the median income to qualify for a
Chapter 7 bankruptcy and his expenses were close to his income he was eligible for filing a Chapter 7 bankruptcy   and could continue to keep his truck and operate his business.

Before you proceed withfiling for bankruptcy, please make sure to speak to a qualified bankruptcy attorney.

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Posted in California Attorney, Chapter 7 Bankruptcy, Foreclosure, Uncategorized | No Comments »

 Bank Levy – You Can Get Your Money Back By Filing For Bankruptcy

Bank Levy – You Can Get Your Money Back By Filing For Bankruptcy

Santos is a student in Los Angeles who has been out of work for nearly a year. Last year both of his cars were repossessed in addition to a boat. The cars that were repossessed were financed and Santos thought he no longer had to worry about that debt. Just recently he has learned that the finance company he used to buy the cars now has a levy on his bank account. Since Santos is out of work, his wife Rose is the only one with any income. As they were already struggling with bills, the bank levy has resulted in thousands in overdraft fees.

Santos first considered debt consolidation. After searching online he found a debt consolidation company in Los Angeles that guaranteed he would be debt free in no time. Debt consolidation is not for everyone, since the amount owed is reduced and payments are made by a 3rd party, this negatively impacts your credit score sometimes to the point where it is seen by creditors as the same as bankruptcy. Therefore you get all of the burden of bankruptcy without the benefit of no longer paying the unsecured debt. In addition, you should be aware that there are many debt consolidation companies that are illegitimate and want to scam you. Unlike bankruptcy attorneys, to become a debt consolidation company there is no requirement for certification or training, which puts few barriers to crooks setting up a debt consolidation company. Even if the debt consolidation went smoothly there may be unforeseen future events that may force you to eventually declare bankruptcy anyway, but only after you’ve spent thousands paying the debt consolidation service fees and unsecured debts that could have been discharged earlier. To compound the problem, any debt that is forgiven by the lender will be considered income on your tax return that you will have to pay taxes on, while in bankruptcy debts discharged are not treated as income.

He then came to his senses and found a bankruptcy attorney in Los Angeles. Their expenses were already exceeding their income so they were eligible for a chapter 7 bankruptcy. Filing for bankruptcy allows you to recover any funds taken from you through bank levies or wage garnishments up to 10 days before filing. Therefore in these situations it is in your best interest to file quickly. Since Santos and Rose filed quickly, they were not only able to discharge there credit card debts and overdraft penalties they could also recover the funds that were taken from their account through the bank levy.

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

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