Posts Tagged ‘bankruptcy lawyers’

December 2, 2011
 Liquidation of Assets in a Chapter 7 Bankruptcy

Protect Your Assets When Filing For Chapter 7 Bankruptcy

When filing for a Chapter7 bankruptcy, you must be careful in determining whether filing for bankruptcy is the right decision.  Otherwise, it can be devastating.  Should you have equity in your home, equity in your vehicles, or cash in your bank accounts, you must make sure to determine whether these assets will be considered exempt in bankruptcy – otherwise, a bankruptcy trustee will sell these assets and pay off creditors. 

There is a misbelieve that everyone is entitled to one vehicle in bankruptcy, or they are entitled to keep their home in bankruptcy.  To a certain degree, it is true. However, only if there is very little equity in these assets.  The whole idea of filing for bankruptcy is to provide you with a fresh start – that means, to eliminate your debt and begin a new life.  It does not mean “keep all your assets and eliminate your debt”.

There is a reason why I wrote a blog on this topic.  Because many individuals that wish to file for bankruptcy do actually have assets that they cannot exempt and they must be aware of this situation before filing for bankruptcy because the drawback to filing for Chapter 7 bankruptcy is that you cannot turn back.  Once you file, you cannot ask the bankruptcy court to dismiss your case.  The bankruptcy trustee will move forward in selling assets to pay off creditors.

To determine whether you can file file for bankruptcy and protect your assets,it is best to speak to a Los Angeles Bankruptcy Attorney.  Contact our office at (310)205-5529 to discuss your situation if further detail or visit our website at www.BankruptcyLALaw.com

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

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 »

 Hiring a Los Angeles Bankruptcy Attorney

Hiring A Los Angeles Bankruptcy

Hiring a Los Angeles Bankruptcy Attorney is crucial to becoming debt free.  Are you are considering filing for bankruptcy and are overwhelmed with financial stress caused by creditors , or, your bills are 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 will 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 Los Angeles 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 significant.  Making sure the bankruptcy petition has a the correct information is crucial to your bankruptcy as it is the foundation of what needs to be done.

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 Los Angeles bankruptcy attorney, they will represent you during your case.  Bankruptcy attorney will send out letters sent out to creditors that you have and they will help eliminate the phone calls and collections of property as they are required to contact the bankruptcy attorney, not you.  Your Los Angeles Bankruptcy 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 debtor because they are entitled to keep certain assets.  However, in order to determine whether your assets are safe (i.e., your home, car, cash in the bank, etc…), you should speak to a knowledgeable Los Angeles Bankruptcy Attorney. 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.

 

 

Los Angeles Bankruptcy Attorney

Los Angeles Bankruptcy Attorney

Los Angeles Bankruptcy Attorney

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Posted in California Attorney, Chapter 7 Bankruptcy, Chapter 7 Bankruptcy / Chapter 13 Bankruptcy, Code of Ethics, Law, Los Angeles Bankruptcy Attorney and Bankruptcy Lawyer | No Comments »

December 6, 2010
 Tips to help you prepare for Bankruptcy

Everyone is overwhelmed with debts and responsibilities, especially in the fast hustle and bustle of Los Angeles. Make it easy with knowing what to expect with your bankruptcy filing. First, make sure you have a well qualified attorney like the Law Offices of Alon Darvish who can better guide you thru this crazy process and help you to fresh start. Here are ways to help you with your bankruptcy filing process:

  1. Have your taxes filed and in proper order with the IRS. If you do not have prior tax papers you can easily receive them by contacting the IRS at (800)829-1040.
  2. Organize all your credit card information and bills including any collection notices and if you have any pending lawsuits regarding that debt.
  3. Have your monthly pay stubs in order for the last six months from your employers.
  4. Stop using any payday loans, any personal lines of credit or any unnecessary credit card usage.
  5. If you have a credit card from your bank and are in debt from it, close your checking account with good standings and open another one with a different bank.
  6. Organize all your monthly expenses including your utilities, mortgages or rent, and car payments.
  7. If you are involved in any lawsuits, ask for advice from your attorney on what you need to do next.
  8. Continue to pay for the items that you wish to keep such as your mortgage payments or your car payments.
  9. Attend Credit Counseling with an agency such as www.PioneerCredit.com.
  10. Keep track of your credit score throughout the whole process and verify that all your credit information is correct and belongs to you.

Having everything in order by creating a folder will keep you better informed and help with the bankruptcy filing process through your difficult times. Having everything ready for your attorney will only speed things up and get you closer to the finishing line.

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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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Posted in Credit, Credit Cards, Los Angeles Bankruptcy Attorney and Bankruptcy Lawyer | No Comments »

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