San Diego Bankruptcy Attorney Blog

A San Diego Bankruptcy Attorney discusses the United States Trustee an Attorney?

Who is the United States trustee?
The United States trustee for the Southern District of California is Tiffany L. Carroll.

What does the United States Trustee do?
The United States Trustees Office is a division of the United States Department of Justice who are responsible for the overseeing and administration of bankruptcy cases and private trustees.

What is a “private trustee?”
A private trustee is the person who would ask you questions at the 341 hearing. This person is often believed to be, in error, the United States Trustee herself. There are actually about a dozen or so “private trustees” hired by the United States Trustee’s office to manage the individual cases. The United States Trustee for each district (here, that’s Tiffany L. Carroll) manages these “private trustees” and oversees the administration of all bankruptcy filings in the district.

What area does this district include?
The San Diego area is considered District 15 (out of 21 total) and includes “the Southern District of California, the District of Hawaii, the District of Guam and the Commonwealth of the Northern Mariana Islands.”

Is the United States Trustee an Attorney?
Yes. Ms. Carroll has served as Assistant U.S. Trustee heading the U.S. Trustee Program’s San Diego office since October 2005. She joined the Program as a Trial Attorney in the San Diego office in 1991. Ms. Carroll received her law degree from Seattle University School of Law in Tacoma, Wash., and her undergraduate degree from Pitzer College in Claremont, Calif. She received the Executive Office for U.S. Trustees Director’s Award for Excellence in Legal Advocacy in December 2000. She is a member of the State Bar of California.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego Bankruptcy Attorney with some information on California Bankruptcy Fraud Law

California Bankruptcy Fraud Law, like any fraud, is a crime. In this particular case, a violation of California Bankruptcy Fraud Law is not determined by the elements within the California Penal Code, but rather according to federal law. Fraud always includes an intent to deceive, which requires, by definition, knowledge that your actions or statements are untruthful or meant to induce a result you might not otherwise be entitled to. An example of how a violation of a California Bankruptcy Fraud Law might occur would be to willfully not list or wholly undervalue otherwise listed property in a Chapter 7 bankruptcy (because all bankruptcy requires the debtor to list their assets). Because California’s exemption laws restrict the retention of certain property when a bankruptcy is filed, it would be a violation of the California Bankruptcy Fraud Law to not declare your ownership of, for instance, a 56 Chevy parked in your garage that is worth $10,000 because you are trying to save the car you drive every day from being sold as part of the bankruptcy. Since you are trying to take advantage of the situation by keeping that which you would otherwise not be able to keep, you have violated the California Bankruptcy Fraud Law. The consequences can be severe fines and even incarceration. Violations of fraud laws in the bankruptcy context are investigated by the FBI and are prosecuted by the Department of Justice. Simply put, do not commit violations of California Bankruptcy Fraud Law.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego Bankruptcy Attorney with a word on Student Loan Debt Forgiveness

Bankruptcy attorneys often wish they had better news to offer clients when discussing student loan debt forgiveness. Some student loan debt forgiveness may be possible in a bankruptcy but the standard by which student loan debt forgiveness is actually judged makes it nearly impossible. Start by locating your loan documents and review them. Student loan debt forgiveness is discussed in 11 USC §523 and requires an examination of 26 USC §221(d) and 26 USC § 25A(f)(2). You have a greater chance to have your student loan debt forgiveness granted if your loan was not federally funded. Also, you need to inquire about whether the school you attended is covered by Section 481 of the Higher Education Act of 1965 (found at 20 USC § 1088) or if it is not eligible to participate in Title IV.

This is all very complex and is best deduced by a lawyer. As a rule, though, when contemplating bankruptcy, you should consider that you will not be granted any student loan debt forgiveness. If you are elderly, you might have a better chance, because it is possible to make a request to the court to grant the student loan debt forgiveness because of undue hardship (the inability to pay it back; this inability is heightened when you will not be working much longer and retirement is on the horizon). Similarly, if you have an undue hardship such as the loss of vision and you were trained as a pilot, flying will be impossible and you have a better chance to be given the student loan debt forgiveness. Clearly, it is an intricate and detailed topic best discussed with legal counsel.

http://www.sanjosebankruptcylawyerblog.com/2010/03/_if_you_have_questions_8.html
If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego Bankruptcy Attorney Chapter 7 and Unemployment

If you stop making your house payment, it makes sense that soon a foreclosure will follow. If you cannot pay your credit card bills, soon a lawsuit will follow. Chapter 7 and unemployment are similar. If you lose your job, a bankruptcy is likely to result. And this makes sense. If you get behind, you need a fresh start. Watch the news wires for reports about Chapter 7 and unemployment; you will see that when people are not working, the number of bankruptcies rises. Indeed, recent unemployment figures are in the double digits and California unemployment may be as high as 1 in 8 people being out of work (12.5%). There is expected to be over 1.5 million bankruptcies filed in 2010 (as there was in 2009) and the vast majority of these are Chapter 7 liquidations. A recession can be seen, to a certain extent, as a market correction. The housing bubble did as bubbles must: it burst. The economy burst with it (as the financial sector got ravaged by mortgage losses; see, for instance, the collapse of and the ridiculously low sale price of Washington Mutual Bank, a major housing lender). When the general economy waned, jobs were lost and unemployment soared. Thus Chapter 7 and unemployment are intricately linked and this is reflected in the numbers. Consider joining the millions of others who have gotten their fresh start: take advantage of the times, reset your balance sheet to zero debt, and emerge clean and unencumbered as the economy rights itself. Chapter 7 and bankruptcy are indicators of a sluggish market; when it gets going again, it makes sense to start anew.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego Bankruptcy Attorneygives 5 Tips to Avoid Property Foreclosure

TIP 1: STAY CURRENT. It goes without saying that the best and most sure way to avoid property foreclosure is to stay current on your mortgage(s). You might be able to keep yourself “current” (for credit reporting purposes) if you reach out to your mortgage holders and advise them that you must make a reduced payment for a month or two. If you pay them at least something, they may be less inclined to report you as behind (and thus move toward foreclosure).

TIP 2: PAY IN DESCENDING ORDER OF THE LIENS. If you must begin to be late or miss payments, pay the secured (and partly secured) mortgage holders first. That is, with property values declining, ask yourself how much your home is really worth. If its value is $300,000 and you owe $325,000 on the first mortgage and $75,000 on the second, the second mortgage is wholly unsecured. If you had a third mortgage or HELOC on the house, it would be even more junior than the second mortgage. When it comes time to avoid property foreclosure through strategic choices, understand that the unsecured mortgage holders, if they pursue bankruptcy, will have to pay off all the mortgages or liens superior to their own. Thus, in the example, if you home were foreclosed by the 2nd mortgage and $300,000 was fetched at auction, the second mortgage holder would have to pay the first $325,000. Why would they do this? They probably wouldn’t!

TIP 3: FILE A BANRUPTCY. A Chapter 13 bankruptcy allows a debtor (assuming you have income to fund it) to take all the arrears owed on any liens on the home for which some amount is secured and pay them off over 60 months, interest free, even over the bank’s objection. Chapter 13 is therefore a very strong tool in your arsenal of options to avoid property foreclosure.

TIP 4: STRIP A SECOND LIEN. If you file a Chapter 13 and any of your junior mortgages/liens are wholly unsecured (as the 2nd and the HELOC would be in the example above), these junior liens need not be paid in full (and possibly not at all depending on your income minus expenses) at all and will even wholly extinguish (or discharge) after 60 months have passed. This can save you tens or maybe hundreds of thousands of dollars. When your bankruptcy concludes, you should then be in a position to avoid property foreclosure because you will no longer be strapped with the payment obligations on the now-extinguished junior liens.

TIP 5: GET A LOAN MODIFICATION. Most lenders will want you to miss some payments before they consider granting you this relief. Essentially it is a wholly new contract; it is like buying the house again, except you are the buyer and you are the seller. Everything is new. You will avoid property foreclosure, then, by starting the clock all over. Consult your lender’s website. Due to the recent housing market crisis, most lenders are posting loan modification options on their homepages; you will be required to furnish them information about your income and expenses. Your goal will be to show that your house is upside down and you have about $200 extra every month after paying your bills. You might think you have to show that you are in the negative every month, but this is not attractive to the lenders: shoot for that $200 in the black every month and you will have a greater chance of success.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego Bankruptcy Attorney provides a Creditor Harassment FAQ

Text: QUESTION 1: How might creditors harass me?
ANSWER 1: The most common example of creditor harassment is phone calls. The creditors call from 8 a.m. through 9 p.m., as the Federal Fair Debt Collections Practices Act allows (unless the creditor has knowledge of circumstances to the contrary). The creditors also contact your friends and family, under the auspices of looking for you or passing a message through them to you. Worst of all, they contact your employer, again under the guise of trying to find you. Needless to say, most people do not like their employers’ knowing about their finances. The creditors also send mean letters; sometimes these letters are sent from “lawyers” (though it is most likely the creditor using, with permission, a lawyer’s letterhead) threatening a lawsuit.

QUESTION 2: Will bankruptcy stop the harassment?ANSWER 2: Yes, absolutely. The filing of a bankruptcy creates an automatic stay, which prevents the creditor from contacting you directly (and stops them from taking any collection action whatsoever).

QUESTION 3: Is there any other way to stop the harassment other than filing for bankruptcy?
ANSWER 3: You can certainly pay the debt or negotiate an arrangement with a creditor; this should stop them from calling, of course. Another solution is to consult the Federal Fair Debt Collection Practices Act and apply the steps to notify the creditor of your option not to pay or be contacted.

QUESTION 4: Is a lawsuit considered harassment?
ANSWER 4: it sure feels like a lawsuit is harassment, especially when you have no money to pay. Indeed, the creditor may only be suing you to provide you incentive to make a payment plan (and they will then not pursue a judgment or collecting on the debt even if they garner a judgment). But officially, a creditor is allowed to you sue; so it is not considered the type of harassment covered by the Federal Fair Debt Collections Practices Act.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego Attorney discusses Consumer Debt Consolidation

Television and radio advertising is replete with calls for consumer debt consolidation, suggesting along the way that you should not consider bankruptcy. Firstly, these consumer debt consolidation companies are doing no more than you yourself can do. If you want to avoid bankruptcy, pay your debts, yet do so over an extended period of time (or at a lower total amount due), you can contact your lenders/creditors yourself and renegotiate terms. If you are far enough behind on your payments, you may even qualify for a rehabilitation program, which will lower your interest rate, extend the repayment period, and may even keep the account open for minimal use. However, broadly speaking, if you are in need of consumer debt consolidation, your credit is probably already poor. Consumer debt consolidation will probably keep the banks from suing you, but your credit will not drastically improve nor will you likely be able to quickly pay off the debt down to a $0 balance. Bankruptcy will hurt your credit (though, again, it is probably already bad) but will also put a final close to that chapter. It will allow your credit score to begin to steadily, and fairly quickly, rise. It will be, as bankruptcy is called, a real “fresh start.” Consumer debt consolidation may also be expensive and horror stories are everywhere detailing how the consolidators came off like crooks. If it works, wonderful. But you should consider filing for bankruptcy in lieu of the expensive, often-useless, non-credit improving, non-principal-balance reducing consumer debt consolidation.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

5 Tips for a Successful Creditor Debt Settlement from a San Diego bankruptcy attorney

TIP #1: If you’re involved in creditor debt settlement, be sure the emphasis is on “settlement.” You will want to make sure any modified terms you are paying under are locked in and not just a short term offer for relief.

TIP #2: Creditor Debt Settlement should affect more than just interest. All too often a creditor debt settlement only buys time. If you are making payments on a debt, be sure you are not just paying to prevent the lender from suing you or paying interest only. Always try to cut into the principal as much as possible or you will get nowhere except “not sued for a while.”

TIP #3: Creditor Debt Settlement should positively affect your credit, too. If you can, try to get your creditor to report you as something other than late to the credit bureaus. This way, you can both pay off the debt at the same time you build credit. Else, you’ll be reported as late all the way until the balance is paid off (which could be many years) and have made no positive impact on your credit in the meantime.

TIP #4: Fight the Temptation to Get Angry. This might not sound like lawyerly advice, but it is. You are negotiating a debt, a contract; seeing it objectively is important. Yes, it is your debt at issue and so it has a personal feel. But to the lender, it is money owed to them that they are not desirous of giving up. And consider that the person you are talking to on the phone is not the lender incarnate, but just a worker, so they also do not have the ultimate authority to act as though they were, themselves, the lender. Fight through this emotional red tape and just see it as any old business deal (it will make not getting exactly what you want the first time you ask a bit easier to swallow)

TIP #5: Do not be afraid to consider your ace in the hole: bankruptcy. Not only will bankruptcy discharge all the debts you are otherwise trying to negotiate down in one simple filing, but it can be a source of leverage. If you are truly considering both bankruptcy and debt negotiation, then feel free to advise the lender that if they do not work with you, they will simply get nothing. Sometimes they may want to call your bluff, but if it is not a bluff, then you have acted in good faith, advised them of your intent, reached out to make a deal, and they spurned you. You offered them money and they said no. Well, play your card; file the bankruptcy and give them exactly what they asked for.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego Bankruptcy Attorney
: San Diego Bankruptcy Attorney discusses Chapter 11 and Business

While bankruptcy is somewhat (and inappropriately) stigmatized, some take the view that bankruptcy is actually a good thing. Leaving aside the argument as it relates to consumer-level, individual bankruptcy, Chapter 11 and business actually go hand in hand…and should. Take, for instance, John Doerr’s statement that “it is okay to fail, and, in fact, it might even be important that you failed before on someone else’s money.” Mr. Doerr is a member of President Obama’s Economic Recovery Advisory Board and on Forbes’ “Midas List.” What Mr. Doerr is saying is that failure is part of growth (i.e., Chapter 11 and business are part and parcel of economic activity). This sentiment is found popularly in Thomas L. Friedman’s book The Lexus And The Olive Tree. Since our markets are free and open, competition is part of it. Indeed, competition is the well-source of capitalism. Thus, by definition, not all businesses can succeed. This creates the dynamic where failure is both inevitable but also good (because one man’s failure is another man’s success; and competition leads to innovation and cheaper prices). Chapter 11 and business are therefore intrinsically linked. While you would like to see your venture capital dollar bear a behemoth corporation, so does the next guy. For the most part, though, venture capitalists (which include small business start-ups and mom-and-pop shops capitalized from loans) factor in this inherent risk. This is why the payoff can be so handsome and rewarding. Chapter 11 and business are good: they are the cousins to competition and, accordingly, the lifeblood of free enterprise.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego bankruptcy attorney on Debtors and Involuntary Bankruptcy

Debtors and involuntary bankruptcy are not two things that often go together. This is because the vast majority of bankruptcies filed are voluntary cases. However, debtors and involuntary bankruptcy do occur together. An involuntary bankruptcy may be filed pursuant to 11 USC § 303 if three creditors whose claims total in excess of $10,000 act together or one creditor may act unilaterally if their claim exceeds $10,000 and they are one of twelve or less creditors. The process of bringing together debtors and involuntary bankruptcy is like a typical civil lawsuit in that a case must be filed, then the responding party (the debtor) has a period of time to answer the charges, or, if she fails to do so, a default may be brought against the debtor and a bankruptcy will proceed. Of course, an answer without merit will also begin the case. This is how debtors and involuntary bankruptcy begin. The major stumbling block to creditors initiating this action is that there first had to be a receiver, custodian, or assignee having taken possession of the debtor’s property for the purpose of enforcing a lien. This is uncommon; involuntary bankruptcies are thus uncommon. Debtors and involuntary bankruptcy may not proceed in Chapter 13 but only under Chapters 7 or 13; also the debtors and involuntary bankruptcy case may not proceed against farmers, non-profit organizations, and insurance entities.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!