State vs. Federal Exemptions: What is the Best Way to Protect My House If I...
In 11 U.S.C. § 522(b), Congress provided that a state may choose the exemption scheme available to any debtor filing for bankruptcy relief within its borders. For example, debtors filing bankruptcy...
View ArticleCan You Keep a Credit Card After Filing for Bankruptcy?
Can you keep a credit card after filing for bankruptcy? Do you have to list the cards you want to keep in your bankruptcy? If you owe a balance at the time the bankruptcy petition is filed, you must...
View ArticleGarnishments and Bankruptcy
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that...
View ArticleNo Quick Fixes to Protect Assets
One of the most common questions asked of a bankruptcy attorney is “what if I [fill in the blank] with this asset? Will I be able to keep it then?” As a general rule, when preparing to file for...
View ArticleWhat Constitutes a Fraudulent Conveyance?
Once a bankruptcy case is filed, a trustee is selected to administer the debtor’s estate. One of the options available to a bankruptcy trustee is the authority to set aside or “avoid” transfers of a...
View ArticleMake Paying Credit Card Debt a Low Priority in Rough Financial Times
Should I Pay My Credit Card Bills? The recent economic downturn has caused people from all walks of life to turn to their credit cards as a life raft, hoping that they can keep bills current with the...
View ArticleArizona Bankruptcy Attorney Discusses Recent Supreme Court Decision: When...
A recent US Supreme Court Ruling in the Ransom case, showed that 8 of our 9 Supreme Court Judges lack the common financial sense to reward good financial planning through our bankruptcy laws....
View ArticleReaffirmation Agreements–What are they and why should I hope the Judge does...
Sticking with our recent theme in blog entries, we decide to touch on reaffirmation agreements this week. Debtors who file a Chapter 7 bankruptcy in Arizona, and owe money on their house or car, are...
View ArticleYou Can Keep Your Car During Chapter 7 Bankruptcy, But Should You Sign a...
You Can Keep a Car in Bankruptcy, But Under What Terms? In our current tenuous economic climate, more and more normal, honest, hardworking people are turning to bankruptcy for relief from overwhelming...
View ArticleGet It Back! Fixing a Fraudulent Transfer Before Bankruptcy in the 9th Circuit
Jon Brooks is a Bay Area bankruptcy lawyer. As I recently wrote on the Bay Area Bankruptcy Lawyer Blog, perfectly honest consumer debtors sometimes make the mistake of transferring an asset to a friend...
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