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You should file bankruptcy before you get married in order to keep your debts out of the marriage.  If you don’t, a creditor may go after community property for the debt of either spouse. California is a community property state, and everything you earn or acquire once you get married, with exceptions like inheritances and […]

Do you hesitate to file bankruptcy even if you are facing foreclosure because you are concerned about your credit, even if you are in foreclosure?  Are you more concerned about your credit or the stigma of filing bankruptcy than about saving your home?  Don’t laugh; I actually had a case like that. Marge (not her […]

If you have serious financial problems, there is a very good chance that bankruptcy could be your best solution. But many people are afraid to file bankruptcy because they think it would ruin their credit or that it’s just for deadbeats. These myths are simply not true. If you are in serious financial trouble, your […]

A loan modification in our bankruptcy court’s chapter 13 program can prevent foreclosure of your home if you unable to pay your mortgage.  A loan modification may be your only chance to save your home.  However, because of rising home values here in the Bay Area, getting a loan modification is more difficult than it […]

You may file bankruptcy without using an attorney, but doing so can be very financially dangerous.  Of course it is tempting for people in bad enough financial situations that they need to file bankruptcy to try to save money, but that savings must be weighed against the potential risks of making mistakes that could cost […]

Did you know that you can file bankruptcy to stop foreclosure?  In order for this protection to be more than temporary, you must be able to pay your mortgage after filing and you must repay the delinquency over time , but your mortgage lender may not foreclose on you once you file bankruptcy without the […]

If you own a corporation or LLC, it is very likely that you need bankruptcy to get rid of debts incurred by your company that your company cannot afford to pay.  Why?  Because you are almost certainly also personally liable for those debts. One of the main advantages of owning your business as a corporation […]

Student loans are general unsecured debts like credit cards.  But unlike credit cards, they are not dischargeable in bankruptcy.  Therefore, you have no leverage with which to negotiate eliminating or even reducing student loan debts.  There are a few reasons that they could be eliminated, but those are exceptions.  Generally, the only way to get […]

Do you need to choose a bankruptcy attorney?  If so you should make your choice wisely.  Many people go price-shopping for a bankruptcy attorney, but this is definitely the wrong way to choose this or any other kind of attorney.  Would you choose a doctor this way? The best way to choose an attorney is […]

You usually need to include your spouse’s income when you file bankruptcy, even if you file individually. When a married debtor consults with me about their debt problems, sometimes they want to file bankruptcy under their name alone.  Filing bankruptcy for married people provides the same choice as filing taxes: you may file an individual bankruptcy […]