San Diego Bankruptcy Attorney Blog

A San Diego bankruptcy attorney explains the Chapter 13 rules in California...

The term “rules” often refers to local rules. Each jurisdiction abides by its own set of these rules or protocols. Chapter 13 rules in San Diego (or the Southern District of California) can be found on the court’s website. Chapter 13 rules, as they apply uniformly to all districts, are catalogued in the Federal Rules of Bankruptcy Procedure. Broadly, chapter 13 rules can also refer to unwritten protocols. For instance, two common San Diego chapter 13 rules might be the requirement to include a coversheet when filing an amendment (form 1100, to be specific) or that mortgage payment are to made directly to a lender and not the trustee (for disbursement). Chapter 13 rules vary by location and even by judge. It helps to have an attorney who can steer you through the mazes created by these divergent chapter 13 rules.

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 lets you know what a debt creditor law firm is...

A debt creditor law firm is the legal representative of the lender. A debt creditor law firm will often send you harassing letters threatening lawsuits. Sometimes they will follow through with this and sometimes they will not. In any event, if a debt creditor law firm has your case, it means that it has gone from original lender to collection agency to a law firm (or, more likely, a lawyer or law firm within the collection agency). The involvement of a debt creditor law firm is the final step before a lawsuit is filed or the case is written off by the collector. Take a letter from a debt creditor law firm seriously but do not let their threatening and harassing “legalese” scare you. A debt creditor law firm cannot do anything more to you than any typical creditor. There must be a lawsuit filed (in nearly all cases) before any collection action can occur. After that, a garnishment or levy may ensue.

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 remarks on Bankruptcy and Loan Modification in California...

Loan modification in California is popular topic. On the heels of the precipitous decline in the housing market experienced in the last few years – and predicted by some to last until 2013 and possibly longer – loan modification in California is an exciting option for many homeowners. Reduced monthly mortgage payments might make it easier to hold onto a home or might make choosing to do so advantageous in the long run. Ultimately, though, loan modification in California is not a guarantee. Being behind on mortgage payments or being “upside down” on your property does not necessary mandate that the lender modify the terms of its contract with you. A good place to read about loan modification in California and how the federal government is trying to promote modifications can be found at the HAMP website: please click here. Be wary of those trying to take advantage of your investigations into loan modification. While services can help, there are many who are unscrupulous. Loan modification in California is a serious consideration: in effect, you are buying a new home again, albeit your own home and the seller is you, but the modified loan is just like your original loans. If you fail to make your payments, you could lose your home.

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 asks: What about a student loan and bankruptcy?

Echoing the discussion in this blog recently about IRS tax debt and bankruptcy, a student loan and bankruptcy often see the student loan surviving even a successful discharge. Tax debt, a student loan and bankruptcy are often the opposite of medical debt, credit card debt and bankruptcy. But the ultimate question is: can a student loan and bankruptcy actually result in the discharge of that student loan? The answer may be yes. You should be begin by examining your student loan documents (promissory note). If the debt is personal loan and not listed as a student loan, you might not be dealing with a student loan at all, even if you chose to use the funds for education. Next, determine if your student loan was federally funded. If so, your student loan and bankruptcy will probably yield a non-dischargeable debt.

But if you have a private loan and that school is one that is not described by section 481 of the Higher Education Act of 1965 (see 20 USC § 1088) or is not eligible to participate in Title IV, your debt could be discharged through a Chapter 7 or Chapter 13 bankruptcy. All of this is highly complex. When dealing with a student loan and bankruptcy, your best advice is to discuss it with an attorney who can look at your specific situation.

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 Deigo bankruptcy attorney offers info on this debtor question: Where Can I Find a Means Test Calculator?

You can find a Means Test Calculator simply by inputting it into a search engine. You’ll want to be sure the means test calculator is up to date. That is, the means test calculator should be using as the median income for the state you are inquiring about that which the United States Department of Justice (United States Trustee Program) updates on its website. In fact, if you are under this threshold amount – and it changes depending on the size of your household and the state you are filing in – you need not employ a means test calculator at all. Nonetheless, the aforementioned federal website with the current income thresholds is reached by clicking here. If you do find, after running through the means test calculator, that you “do not qualify,” do not be alarmed. It is likely that most Bankruptcy Attorneys more experienced than the average debtor at administering the the means test, so your first exposure to an online means test calculator might not be totally accurate. An online means test calculator, though, is a reasonable first place to start.

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 asks: What will bankruptcy do to IRS tax debt?

A San Diego bankruptcy attorney answers: What Will Bankruptcy Do To IRS Tax Debt?

As a rule of thumb, assume your IRS tax debt is not going to be dischargeable through bankruptcy. This, as it turns out, is the case in most instances where a debtors owes IRS tax debt. Nonetheless, there are means by which IRS tax debt can be discharged just like a credit card debt or medical bills. If the debt was filed on time in the year it was due and if the debt is now three years old or order, there is a good chance this debt might be dischargeable. IRS tax debt does not include property tax: such debt is linked to the property. Similarly, IRS tax debt does not include payroll taxes owed for employees of the debtor.

A bankruptcy can help with repayment owed on IRS tax debt – even if, as discussed, that debt will not be discharged. Consider that a Chapter 13 repayment plan can allow for the repayment of taxes over the course of the plan. It would work similarly to student loan debt: they are both not dischargeable but may be treated as priority debts over the course of the plan. This means that since you would have to pay them anyway, you have basically lost nothing…except the unsecured debt that would subject to discharge. When considering if bankruptcy is right for you, whether you have IRS tax debt, student loans, or just a lot of credit card debt, consultation with a bankruptcy attorney can help get you answers to difficult questions.

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 bankruptcy fraud

Bankruptcy fraud is a serious matter. This website is the United States Trustees’ office webpage for reporting a bankruptcy fraud.

The reported case of Rhonda Marsalis is a bit disturbing: she faces up to 30 years in prison and up to $750,000 in fines for, as it is reported by the local news in Jackson, Mississippi, obtaining “a mortgage of more than $250,000 and [filing] bankruptcy after learning foreclosure proceedings had been started less than a year after she received the loan.” Something else must be amiss here because filing a bankruptcy related to foreclosure is common, and is no way criminal. An actual, typical bankruptcy fraud case is that of Robert A. Grant in 2004. He created trusts and corporations to whom he transferred his assets in anticipation of bankruptcy, filed for bankruptcy, and afterwards distributed the property from those shell entities back to himself. He was sentenced to just under three years in federal prison. The current bankruptcy fraud case of former auto mogul Denny Hecker is in the media spotlight in Minnesota. He is accused of failing to report his true assets and faces 15 charges in U.S. District Court in Minneapolis. The point is, bankruptcy fraud is taken very seriously by the United States government, and rightfully so. Bankruptcy is an outlet when faced with troubles. Those who abuse the system are asking for more leniency than the already lenient laws allow.

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 explains: What is a Monthly Operating Report?

A Monthly Operating Report (often called an “M.O.R.”) is a periodic snapshot of a debtor’s finances. This monthly operating report allows the creditors in a Chapter 11 bankruptcy to see the status on the debtor’s financial situation. This is crucial because the creditor must assess how it will (or if it will at all) modify its debt or contracts with the debtor through the bankruptcy. Recall that a Chapter 11 is a reorganization. Unlike a Chapter 13, however, where the court can compel a lender to change what is owed to it or declare a lien wholly unsecured, even over the lender’s objection, a Chapter 11 is a chorus of creditors and lenders agreeing to accept modified terms of debt repayment independent of the court. A monthly operating report allows the creditor to see into the debtor’s cash flow, inventory, business model, corporate structure, etc. to decide how far it is willing to bend. A debtor’s failure to timely prepare and submit the monthly operating report can be grounds for dismissal of the case. This makes sense, for without the monthly operating report, the Chapter 11 bankruptcy cannot be advanced: it takes informed decisions to reorganize and the M.O.R. is the means of conveying that information.

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 discusses: What do I do if I receive a notice of eviction?

In California, a notice of eviction is generally called a “Notice to Quit” or a “Notice to Pay Rent or Quit.” The term “quit” can be read loosely as “leave the rental” (i.e., quit the lease contract). If you receive a notice of eviction without language saying that you can cure the problem by paying rent, you may be compelled to move out. If your notice of eviction declares a right to pay rent or quit, then surely paying rent will get you back in good standing. There are many laws associated with tenant/landlord issues and you would be wise to consult an attorney or, at the very least, literature of legal resources, to understand your complete rights and obligations. Nonetheless, a notice of eviction does not necessarily mean you must move out immediately. You should have the right to challenge the notice of eviction. Perhaps, for instance, heat or electricity was not provided or you had to pay for your own repairs on the property. In such an instance, you might be entitled to deduct certain expenses from the rent owed. This would limit the amount of rent paid. The landlord may not be legally able to evict you for such a withholding. Finally, if you get a notice of eviction, you can wait for the unlawful detainer (the legal term for a court case where the relief sought is eviction) and answer and defend it in court. You might also consider, when faced with any type of notice of eviction, including a foreclosure or trustee’s sale of your home, a bankruptcy. A bankruptcy creates an automatic stay, thereby buying time to get your affairs and/or legal defenses in order. A notice of eviction can be a scary thing, but you do have rights. Be sure to investigate them. Speaking to a lawyer is your best bet.

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 laywer addresses what you can do to remove debt?

You can do many things to remove debt. The first is to pay the debt according to the original contract terms. If the contract allows you to pay more than a certain amount, you would be wise to do so, if able, because it will more swiftly remove debt from your credit report and it will reduce the amount you must pay over time due to interest rates. Similarly, if you do get behind on debt repayment, you can contact the lender and structure a rehabilitation program whereby you remove debt by again paying it off, but this time, pursuant to modified terms. This is, in essence, the creation of a new contract to replace the old one. Some people, in an effort to remove debt, hire a debt consolidation company. Be very weary of these groups – even the non-profit ones – because their aim may not be to reduce the overall principal of the debt owed but merely to keep the creditors from suing you (and thereafter garnishing a wage). The most important aspect of a consolidation is to remove debt permanently, by reducing principal. Also, these companies can charge very high fees. Consider as well that these agencies are doing something that, with effort, you yourself can do by contacting your lenders and working something out to remove debt from their books. Finally, a bankruptcy is your surest way to remove debt other than paying it off. A bankruptcy affords you, the debtor, a discharge. When your case is successfully completed, everything you owe on credit cards, medical bills, and personal loans, as well as other types of debt is permanently brought to zero. Now, you cannot get a discharge if you received one in the last eight years, but it will remove debt from your credit report instantly and get you a fresh start, debt-free.

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 What is a bankruptcy exemption?

A bankruptcy exemption is, in short, that which allows you to keep your property in a bankruptcy. In legal terms, it works like this: when you file for a typical Chapter 7 (though it works similarly in Chapter 13s), everything you own is given to the trustee; there are, however, certain exceptions for what constitutes “everything.” These are the bankruptcy exemptions. Whatever property you list is exempt from the trustee’s grasp. For instance, if you list as a bankruptcy exemption “$5000 cash,” then the trustee does not get that $5000. If you fail to list it is as a bankruptcy exemption, however, the trustee does get it. Of course, there is a limit as to what you can list as a bankruptcy exemption. $5000 is reasonable but $50,000 is not. The determination of how much property you can fit into the bankruptcy exemption schema is defined by statute. Protecting your assets through the use of and understanding of bankruptcy exemption rules is what lawyers do. Most California debtors end up keeping everything they own when they file for Chapter 7. This is due to the work of the lawyers applying the bankruptcy exemption laws correctly as well as fairly liberal California bankruptcy exemption rules.

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 answers: What are the Bankruptcy Court Locations in San Diego?

There are a few bankruptcy court locations in San Diego, but there is really only one official courthouse in the city. The courthouse is located at 325 West F Street, San Diego, California 92101. The bankruptcy court locations, if such is to include the location of the 341 hearings, are 402 West Broadway (downtown near the criminal courts building) and at the federal courthouse in El Centro. Of those two bankruptcy court locations, you will attend the 341 hearing closest to your residence, depending on your zip code. To conduct a general search of bankruptcy court locations through the United States, click here.

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 remarks on the cost of bankruptcy in San Diego...

The bankruptcy cost in San Diego as the same as the bankruptcy cost in the rest of the United States. That is, bankruptcy is a federal matter even though each state has its own set of exemptions (or asset-protection rules). The actual bankruptcy cost is $299 for the filing fee in a Chapter 7. The bankruptcy cost in a Chapter 13 is $274. Of course, retaining an attorney is a good idea as the bankruptcy petition is a complex document and the rules and laws associated with getting a discharge are not simple. This does not even factor in understanding the benefits and consequences associated with bankruptcy. A lawyer will detail all of these for you and counsel you through the process. This will increase the bankruptcy cost, however. Perhaps it is best said that while the bankruptcy cost related to the filing fee is around $300, the ultimate cost to not filing bankruptcy or not understanding what you need to do if you file the bankruptcy without a lawyer is incalculably much higher. Bankruptcy cost is worth considering before proceeding or electing to hire counsel but it should only be one of many factors in your decision to file and your decision to retain an attorney.

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 lawyer addresses: Who is the Bankruptcy Judge For San Diego?

Generally, people who file for bankruptcy never see a bankruptcy judge. There is a required 341(a) hearing convened wherein your identity is confirmed and your Social Security number shown to the trustee who manages the case for the court, but this does not take place before a bankruptcy judge nor does it even – in San Diego, at least – take place in an actual courthouse. The 341 hearing in El Centro does occur in a courthouse, but, again, there is no bankruptcy judge present. The courtroom is just a convenience (and air-conditioned!) location for the hearings to take place. Nonetheless, at the Jacob Weinberger U.S. Courthouse, located at 325 West F Street, San Diego, 92101, there are five bankruptcy judges. They are Chief Bankruptcy Judge Peter W. Bowie and Bankruptcy Judge Louise DeCarl Adler, Margaret Mann, James Meyer, and Laura Taylor. The list of who is a bankruptcy judge for San Diego can be found at their website: click here.

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 tells you:

What is the Name of the US Trustee in San Diego?

The US Trustee for San Diego is Tiffany Carroll. The US Trustee, managed by the Department of Justice in Washington D.C. ,has a website that lists the US Trustee for all twenty-one (local) regions. That website is http://www.justice.gov/ust/index.htm. There are many other bankruptcy-related topics on this website, too. Specifically, look for information about the Means Test as well as the links to the Credit Counseling and Financial Management courses that must be taken prior to the granting of a discharge. Keep in mind that the US trustee – and Ms. Carroll specifically – is not the manager of your case. This job belongs to a local trustee hired/assigned to your case by the US Trustees’ office. The federal US Trustee primarily investigates errors and omissions within your paperwork. Occasionally, a “bankruptcy analyst” is assigned to a case to audit it for correctness. They also track bankruptcy statistics.

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 ansswers: What do I do if I receive a notice of foreclosure?

First, you must understand that every situation is different. If you receive a notice of foreclosure, you should probably consult someone (an attorney, most wisely) so you can relay the specifics of your situation. Indeed, your goals with respect to your home are crucial. A bankruptcy can help you save your home – whether you’re current but your other bills are dragging you down, whether you’ve received a notice of foreclosure, or whether a trustee’s sale date for your home has been scheduled…even if it is scheduled for tomorrow. A notice of foreclosure might also be meaningless. If your second mortgage, for instance, is wholly unsecured, they might still send out a notice of foreclosure, but in all likelihood, they will not move toward foreclosing on the home. Why would they? If the second mortgage is unsecured, they’d have nothing to gain in foreclosing. In sending out the notice of foreclosure, however, they might be trying to motivate you to get back on track paying, or at least paying them something. In any event, your particular situation is riddled with specifics only you can address.

Whatever you do though, if you receive a notice of foreclosure, you should figure out your next move. You might be strategically defaulting , in which case the notice of foreclosure was anticipated. But since most people want to keep their homes, if you receive a notice of foreclosure, you should be asking yourself, “Okay, what now? I think I need to talk to someone.”

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 lawyer fills you in on the location of the US Trustee’s Office in San Diego?

Physically, and if you were to mail something to them, the US Trustee’s Office in San Diego is located at 402 W. Broadway, Suite 600, San Diego, CA 92101. Online, the US Trustee’s Office in San Diego is found at the following link: http://www.justice.gov/ust/r15/san_diego/index.htm. San Diego is considered the 15th region (there are 21 total regions). The US Trustee’s Office serves not only the fifty states, but also Pacific territories. In fact, the 15th Region US Trustee’s Office (the one that serves us in San Diego) also serves Guam and the Commonwealth of the Northern Mariana Islands. For the most part, one need not visit the US Trustee’s Office during a bankruptcy. Proceedings either take place in court, or, more commonly, the 341(a) takes place in an office building. In this sense, the US Trustee’s Office comes to you (or rather meets you at a neutral site).

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 lawyer tells how can bankruptcy help with debt relief?

Bankruptcy is, itself, the greatest of all debt relief, apart from paying the debt back. If, however, the term “debt relief” is meant to apply to the work done by debt relief agencies that take your money and negotiate with your creditors and maybe pay some of your money to them in satisfaction of the debt or to keep them from suing you, then bankruptcy is completely the opposite of debt relief. Debt relief very often fails. Bankruptcy cannot fail (provided it is done right and the debtor does not commit fraud or perjury). Debt relief companies have a reputation for taking money and doing nothing. Attorneys are held to a higher standard; attorneys cannot take your money and do nothing or they would lose their licenses. Debt relief companies do not get your debt down to zero. Bankruptcy, by definition, is a complete and total discharge of your debts. In this way, bankruptcy is far superior. Not only does bankruptcy reduce your debt to absolutely nothing, but in debt relief, your credit going still going to suffer akin to how it would suffer via bankruptcy (generally because you are already behind on your payments by the time you contact them and because the debt itself lingers for years on end). In bankruptcy, by contrast, once your file and your credit is hit, your credit can really only go up. And it should go up pretty quickly if you take steps to improve your credit like get a new credit card and pay it off every month. Finally, debt relief may take years. A standard Chapter 7 bankruptcy can conclude in as little as four months.

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 chats on keeping your car in bankruptcy...

The way you keep a car in bankruptcy is to exempt it, if it has equity. This is something your lawyer will do. The way to keep your car in bankruptcy if it has no equity at all is to simply declare in the Statement of Intention portion of the petition that you desire to retain the collateral and continue making payments (or through a reaffirmation agreement). A reaffirmation is a contract with the lender that re-establishes the contract with them so that you can keep your car in bankruptcy. The general rule is that any contract in place when you file for bankruptcy becomes voided; however, special laws exist – and thankfully so, in light of the absolute need for a vehicle in Southern California – which allows debtors to keep the contracts in place so they can keep their car in bankruptcy (in actuality it is a new contract, but the effect is the same). For the most part, nearly everyone keeps their car in bankruptcy, but if you have equity in a home and equity in a vehicle, that is one situation where keeping your car in bankruptcy might be problematic. In any event, consultation with an attorney is wise.

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 lawyer responds to: What should I do before bankruptcy?

The most important thing to do before bankruptcy is to cease paying all unsecured creditors. If the creditors are not going to get anything after you file, then before bankruptcy, simply treat them as you will treat them in the future. This will save you money. Often, it is smart to spend the money you would be paying your creditors before bankruptcy on an attorney instead. Yes, this might sound self-serving, but it is a good practice, nonetheless. It is difficult when faced with a garnishment or foreclosure to pay an attorney and the filing fees in one lump sum on an emergency basis. Before bankruptcy, you should also gather your debts into a folder or dossier that you can turn over to your attorney. This will streamline your process. Finally, before bankruptcy you should discontinue use of all your credit cards and learn how to operate on a cash basis. Not only is usage of a credit card immediately before a bankruptcy presumptively fraudulent, but it also serves to get you going in the right direction on your post-bankruptcy financial management techniques. Of course, you will also have to prepare the petition and take the online credit counseling class before bankruptcy, but those are things more specifically related to the bankruptcy filing itself and not something that you can do in anticipation of or before bankruptcy.

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 lawyer addresses: How do I keep my personal property in bankruptcy?

The means by which you keep your personal property in bankruptcy is related to the Chapter of bankruptcy that you file under. In a typical Chapter 7 bankruptcy case, you keep your personal property in bankruptcy by exempting your personal assets in Schedule C of the petition. What this means is, when you file for Chapter 7 bankruptcy, all your assets (everything you own) becomes the property of the bankruptcy trustee – except for those things which you designate as “exempt.” Most people end up keeping all of their personal property in bankruptcy due to the generous and liberal laws regarding what items you can choose to exempt. For instance, retirement accounts in any amount, your household furnishings, and your clothes are always exempt, regardless of how much you have (unless you wear clothes made of gold, in which case, the trustee might want to challenge your exemption).

In a Chapter 13 bankruptcy, you keep your personal property in bankruptcy by a similar method of exempting items but also pursuant to a payment plan. If you own a house, for instance, and you are many months behind on your mortgage, you can still keep this personal property in bankruptcy by including in the payment plan the mortgage payments you are behind on; and you can even pay them off without interest. In any event, keeping personal property in bankruptcy is what bankruptcy lawyers help you do. If you have questions about your property, ask.

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 this answer: What is unsecured debt?

Unsecured debt is that which is not collateralized. Collateral is something held as leverage to inspire a person to pay their debt on-time, lest the lender comes and takes the property because the payments were made on time. Therefore, there are two types of debt: unsecured debt and secured (or collateralized) debt. Secured debt for the most part is a car or a house, where failing to make the payments will result in the lender repossessing the car or foreclosing on the home. Unsecured debt does not provide the lender this option. And since unsecured debt cannot be taken back by the lender, their only option to recover for payments not made on the unsecured debt is to sue you. Unsecured debt generally makes up the bulk of the debt sought to be discharged in a bankruptcy. Unsecured debt is credit card debt, by and large. Beware, though, sometimes if you buy a big-ticket item like a television on your credit card, the store you bought it from might, on the receipt, indicate that the debt is secured (this is called a purchase money security interest). Bankruptcy can help you address concerns with either secured or unsecured debt.

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 lawyer answers: Do I need debt counseling before bankruptcy?

For the most part, yes. There are some exceptions to the debt counseling requirement, but most filers simply take the debt counseling class and include it as “Exhibit D” within the bankruptcy petition. To be specific, though, the term “debt counseling” has no actual meaning in bankruptcy and it is used inappropriately above. Specifically, there are two courses that must be taken for a bankruptcy discharge to be granted and they are known as the “credit counseling” and the “financial management” classes. Debt counseling is more of a broad term that might be offered by motivational speakers, a church group, or as part of a home economics class in high school. Therefore, “debt counseling” which might instruct you on both credit issues and how to manage finances is not required, just the two aforementioned classes are. And those classes will give you a certificate of completion. And it is this certificate of completion that is required before a bankruptcy discharge. The list of classes is available at the Department of Justice website (just don’t get locked into looking for “debt counseling” as it is probably “credit counseling” you seek): http://www.justice.gov/ust/

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 explains short sale with regard to filing bankruptcy:

Can I short sale my house in bankruptcy?

You cannot short sale your house in bankruptcy. Bankruptcy is a means by which people often keep their homes despite otherwise-troubled finances. A short sale requires lender approval because the lender will be taking less in the sale than what is owed on the note, hence the “short” in short sale. But in bankruptcy, a debtor is given a choice: keep the property or surrender the property. If you surrender the property, your obligations are either discharged directly through a Chapter 7 bankruptcy or paid out over the course of your repayment plan in a Chapter 13. If you keep the property, you must be or become current in a Chapter 7 or the lender will merely foreclose after the automatic stay expires (or they will request relief from the stay and foreclose during the bankruptcy) or, if you are in a Chapter 13, you can work your arrears into the payment plan and keep the home that way. In neither scenario is a short sale an option. No Chapter 13 payment plan includes a short sale eighteen months say, into the plan. This is because no judge could confirm such plan. And this is because no lender can promise to take a certain amount eighteen months later. It is just not practical. In a Chapter 11, a reorganization which includes a short sale might be possible, but the bulk of bankruptcies are not Chapter 11s. Anything is really possible in Chapter 11. In sum, a short sale is really not practical through a bankruptcy and, accordingly, you cannot short sale your house through a bankruptcy; a short sale is private agreement that should be conducted, most wisely, before or in lieu of bankruptcy.

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!