San Diego Bankruptcy Attorney Blog

A San Diego Bankruptcy Attorney fulfills a taxing need to discuss topics that are mostly federal....

In case you hadn't noticed, tax day is here. That said, this bankruptcy attorney thought it a good time to remember that the laws which govern bankruptcy are also federal in nature, despite the fact that the exemption statutes (CCP §703 and CCP §704) which govern how a debtor keeps his or her property are state-specific. You should think of bankruptcy as the domain of the government of the United States of America, not uniquely California. The people that make and change the laws regarding bankruptcy are Senators and members of the House of Representatives. They live in Washington D.C., not Sacramento. Challenges to the bankruptcy code are heard in federal court, not the local municipal variety where you may pay your traffic ticket. Fraud and other crime related to bankruptcy are investigated by the Federal Bureau of Investigation, not the local Sheriff, though a state-prosecuted criminal charge for fraud can be used in bankruptcy proceedings to preclude the discharge of debt associated with that fraudulent act.

Specifically, the bankruptcy laws are codified within Title 11 of the United States Code. The Chapter number is (conveniently) linked to the type of relief sought. Thus, a Chapter 7 bankruptcy is found within Title 11, Chapter 7; and a Chapter 13 bankruptcy within Title 11, Chapter 13. This makes it easy when reviewing law to figure out what type of bankruptcy is being discussed. Section 707, for instance, deals with a Chapter 7 bankruptcy; and Section 1322 relates to Chapter 13s.

Historically, federal bankruptcy jurisdiction first originated in 1800 when federal district court judges were authorized to appoint commissioners to oversee the discharge of debt. In 1841, Congress granted broad authority to the courts to handle bankruptcy proceedings. The 1898 Bankruptcy Act detailed specific bankruptcy powers and stood as the law on bankruptcy within the United States for 80 years until the Bankruptcy Reform Act of 1978. Another change was made in 1984 and then again, in 2005, with the Bankruptcy Abuse and Consumer Protection Act. This law now governs all bankruptcies. Give Sagaria Law a call to see how it applies to you.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surrounding 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 says Do It Right

If you are going to do it, do it right. While that statement applies to most anything you do, it should seem obvious that it must always apply in a bankruptcy filing. What I mean is, each and every bankruptcy petition in a Chapter 7 liquidation or a Chapter 13 wage-earner’s plan must, by definition, be signed under penalty of perjury. The trustees do not ask if you “think” the facts within the petition are true, the question is pointedly, “are the data provided actually true?” While you will likely avoid criminal charges if your information is provided in good faith, the absolute duty is to have the facts 100% correct, every time. The United States Trustees Office annually provides a review (or audit) of a sampling of cases filed to determine whether petitions are accurate. This year’s report (the link is below) shows that 22% of all filings have at least one error. The Southern Section of California (where local San Diego area bankruptcies are filed) fared slightly better than average with one error in every 18% of petitions reviewed. This number is still sadly too high, as it is nearly 1 in 5. At Sagaria Law, our goal is to have the petitions prepared correctly, the first time, without fail. This serves to not only do what the law demands but also to streamline the process for you, the client, saving you return visits to continued 341(a) hearings and getting that discharge as soon as possible. So, in light of the high number of faulty petitions, the lesson is clear: if you need to file a bankruptcy, consult a San Diego bankruptcy attorney; if you are going to do it, do it right!

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surrounding 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 says don't take his word..

Don’t just take my word for it. I have been posting in this blog for some time now that going bankrupt is often a good choice, so much so that the consequences are far less severe than you might think. This link – written by an Oprah contributor! – echoes my sentiments:

One thing not mentioned in the article is how the growing number of bankruptcies will force lenders to overlook them, to an extent at least. Lenders will be shooting themselves in the foot if they decline to lend to all those millions of people who filed for bankruptcy – filings borne not from financial mismanagement, but due to the collapse in the economy at large, a casualty no one person is responsible for. Find out how bankruptcy can help you. Contact a local San Diego bankruptcy attorney. Your credit recovery will be shorter than you think.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surrounding 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!