Posts Tagged ‘Los Angeles Bankruptcy Attorneys’

February 13, 2011
 Bankruptcy Means Test – Do You Pass?

Here is a good flowchart for the Bankruptcy Means Test.  See whether you pass:

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

February 1, 2011
 Bankruptcy Discharge!

A bankruptcy is defined as the legal process in which a person or firm declares inability to pay debts. Any available assets are liquidated and the proceeds are distributed to creditors. Upon a court declaration of bankruptcy, a person surrenders assets to a court-appointed trustee, and is relieved from the payment of previous debts. A bankruptcy discharge is an order given by the bankruptcy judge, at the conclusion of all legal steps in processing a bankrupt person’s assets and debts, which forgives those remaining debts which cannot be paid, with certain exceptions. Debts for fraudulent or illegal actions, alimony and child support and taxes are not dischargeable and remain owed.

The fair treatment of creditors and public policy both work to limit the extent of the discharge for debtors. The bankruptcy code was not designed so that debtors can take advantage of creditors for their own profit, and so various provisions of the bankruptcy code limit the debts that are discharged if they were incurred dishonestly or by fraud. This includes debts that were incurred on credit cards where the debtor entered false information on the credit application and also includes major debts for luxury goods that were incurred shortly before filing for bankruptcy. However, a creditor must challenge the discharge of these debts, and the court must notify the debtor and conduct a hearing; otherwise, the debts will be discharged.

There are debts that are discharged and others that are not allowed to be discharged. Most unsecured debts acquired by the debtor in good faith and if they cannot pay them off are allowed to be discharged under a regular Chapter 7 bankruptcy . Debts that are never discharged in a bankruptcy can include:

  1. Recent taxes
  2. Trust fund taxes
  3. Child or family support
  4. Criminal fine or restitution
  5. Accident claims involving intoxication
  6. Debts not scheduled
  7. Penalties payable to the government other than tax penalties
  8. Student loans
  9. Debts listed in prior bankruptcy where debtor was denied a discharge
  10. Taxes for years where return unfiled or filed for less than 2 years

Some of the listed debt may be discharged if the debtor can prove hardship to pay them back within a reasonable time frame.
Secured debt that is discharged is a little more difficult as the debtor might want to keep that asset such as a car, or home. The individual debtor can surrender the secured property, pay for it in a lump sum, or sign a Reaffirmation Agreement to keep it. In most cases, only prepetition debts are discharged. In an involuntary Chapter 7 case that is brought by a creditor rather than the debtor, discharged debts also includes debts incurred between when the case was filed and when the actual bankruptcy case commences, if the Chapter 7 bankruptcy is approved by the court.

An automatic stay is put once a bankruptcy process begins, this prohibits the collection of debts by the creditors. If the debtor receives the discharge of the debts, then the injunction succeeds the automatic stay and enjoins any further actions to collect the debts from the debtor. If a creditor violates the injunction and tries to collect the debts, then the courts may issue a civil contempt order. Generally, waivers of certain discharged debts are not enforceable except in specific circumstances. Waivers must be in writing and approved by the court. A reaffirmation agreement, for instance, must satisfy these and other requirements to be enforceable. A debtor may volunteer to pay a debt, but the creditor cannot harass or intimidate the debtor into doing so.

A Chapter 7 discharge is granted to an individual debtor if there have been no challenges, which is usually the case. Creditors have 60 days after the creditors meeting to challenge the discharge of its debt. If there are no challenges and if the debtor did not sign an reaffirmation agreement, then after about 3 months after the creditors meeting, the court sends the debtor the notice of the discharge. If the debtor signed a Reaffirmation Agreement and is not represented by an attorney, then the court requires the debtor to appear before it so that it can ascertain whether the debtor understands the Reaffirmation Agreement and that the debt will continue beyond bankruptcy. The debtor can either accept the agreement or cancel the agreement. Regardless, the discharge is granted at this hearing.
A Chapter 7 discharge relieves the debtor of the liability of most prepetition debts and some post petition debts, such as the claims resulting from the rejection of executory contracts or the avoidance of a transfer.

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

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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