Qualifying for Bankruptcy in San Jose – Bankruptcy Means Test I live in San Jose and have a good job. Can I still qualify for Bankruptcy In Santa Clara County? Which chapter you will be eligible for depends on the means test. Even though you have a good job, living in the South Bay can be expensive, and the cost of living in Silicon Valley can make it challenging to ...
Can I Keep My Car in Bankruptcy? One of the most significant decisions you’ll make during bankruptcy is keeping your car or surrendering it to the creditor. If you have negative equity in your car (meaning you owe more than it’s worth), consider surrendering it during your bankruptcy. After bankruptcy, getting rid of a significant monthly car loan can improve your monthly finances/budget. Of course, that is easier said than ...
How to Get a Lawsuit Dismissed by Filing Bankruptcy? If you’ve been served with a collection lawsuit, try not to panic. It is essential to understand that this does not mean that the creditor has won the case. The lawsuit is just the first step in the legal process, and you have many opportunities to defend. While you don’t need an attorney to represent you, it can help you navigate ...
What Happens at the Meeting of Creditors? At the meeting of creditors, the debtor (that’s you) must make a personal appearance. Before the pandemic, these appearances were at the courthouse, but for the last two years, these “appearances” have been over the phone or zoom video conference. Your attorney will also be present on the call (or in the courthouse) with you. This is an opportunity for the trustee and ...
The Guilt of Filing Bankruptcy: Famous Bankruptcy Filers Almost everyone that I speak to about filing bankruptcy feels they have done something wrong and they feel guilty that they have to file bankruptcy. I understand this feeling because I also felt this way before I filed bankruptcy in 2005. Before I went to law school and before I opened up the LaVelle Law Offices, I filed for Chapter 7 Bankruptcy. ...
Debt Relief Companies and the Better Alternative (Chapter 13 BK) When you find yourself in debt and start researching ways to get out of debt you may come across “debt relief,” “credit counseling” or “debt management” companies. It has been my observation that these companies charge significant fees and often don’t solve your debt problems. Annie Ugurlayan, the former chair of the consumer affairs committee of the New York City ...
DO YOU OWE BACK TAXES? If you qualify for filing Chapter 7 or Chapter 13 bankruptcy, you may be able to discharge federal and state income taxes by filing under one of these bankruptcy chapters. A discharge relieves you of your personal obligation to pay the qualifying taxes. However, there are some important conditions that must be met: 1) The taxes must be income taxes. Withheld payroll or other taxes ...
Evictions and Back Rent for Your Home, Apartment or Commercial Space Filing Bankruptcy may be able to help you eliminate back rent owed. Under bankruptcy law, back rent owed is included in your bankruptcy case and may very likely be discharged. When a debt is discharged in bankruptcy, the person no longer owes that debt. It is importnat to note that, while bankruptcy can discharge past rent due, once your ...
Are you having trouble paying your mortgage due to the Covid-19 pandemic? Foreclosure Moratorium Currently, there is a foreclosure moratorium for federally backed mortgage loans through at least June 30, 2021. Forbearance Forbearance is when your mortgage servicer or lender allows you to pause or reduce your mortgage payments for a limited time. You may be eligible for Covid hardship forbearance under the CARES Act, if: You are experiencing financial ...
