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Author Archives: Michael J. Berger

Preparing for Life After Bankruptcy

Filing for bankruptcy is not the end of the world — nor is it the end of your financial vitality. Although your credit report may have been damaged and you’ll temporarily have a tough time getting a loan or credit card, there can also be benefits of going through bankruptcy. It can be a starting […]

Discharge Student Loan Debt in an Adversary Proceeding

Many students enter into college or university without truly understanding the cost of higher education. Typically, students sign for student loans to fray the cost of tuition, books and living expenses not to be thought about again until after graduation. Borrowers can rack up over $300,000 in loans before realizing that they may never earn […]

What are the Documentation Requirements to Petition for Chapter 11 Business Bankruptcy?

The documentation requirements for filing Chapter 11 business bankruptcy are as complex as the mountains of paperwork needed to run a business. However, the trustee needs detailed information to determine if your repayment plans are likely to succeed. Businesses need support from highly experienced attorneys to meet all court requirements and move toward a full […]

Proactive Bankruptcy – It Pays to Get Good Advice Early

If you are considering bankruptcy as a solution to your debt problems, you can save time and money by seeking good legal advice early to make a strategic plan. This is especially true if many of your debts are already in collections or you have received notices of foreclosure. While some people may need to […]

Does My Debt Pass to My Former Spouse in a Chapter 7 Bankruptcy Discharge in Los Angeles?

During divorce, filing bankruptcy can add significant complexity to the discharge based on the terms of the settlement agreement and the details of any outstanding debt. Divorcing couples in Los Angeles must deal with California community property requirements along with bankruptcy rules pertaining to non-dischargeable debt. Therefore, they need legal support from an attorney who […]

Can I File for Chapter 13 Bankruptcy Even if I Qualify for Chapter 7?

Individuals who qualify for Chapter 7 must pass a means test to determine if low assets and income might prevent them from repaying outstanding debt. However, some people with relatively low income and assets can potentially negotiate repayment terms that make filing for Chapter 13 a viable option. As part of the restructuring process, an […]

Is it Possible to File for Bankruptcy a Second Time?

Bankruptcy can be a useful tool to shed overwhelming debt. Sometimes, filing bankruptcy lasts only as a temporary cure and you may need to file again if you find yourself in financial distress again. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) permits you to file subsequent bankruptcy petitions without requiring you to […]

Do Creditors Need to File a Proof of Claim to Protect Their Rights to Property in a Chapter 7 Bankruptcy Proceeding?

The Proof of Claim helps preserve the rights of creditors by notifying all interested individuals involved in the bankruptcy proceedings that you intend to pursue a distribution from the bankruptcy estate. However, the form is not required in all cases. An experienced creditor’s rights lawyer in Los Angeles can help you determine when and if […]

Can Los Angeles Businesses File for Chapter 7 Bankruptcy Regardless of Size or Business Structure?

With the approval of the bankruptcy court, any business can file for Chapter 7 bankruptcy in Los Angeles or across the United States. And while business size and structure certainly affect the relative complexities behind a Chapter 7 filing, the overall principles and processes of liquidating any business are the basically the same. At one […]

How to File Bankruptcy and Keep Your Property

Bankruptcy offers a sound solution for emerging out of insurmountable debt. The thought of losing property during the bankruptcy process can be un-nerving for many people. With the advice of an experienced Los Angeles bankruptcy attorney your property can survive bankruptcy. When you file bankruptcy, all debts are divided into two categories: secured and unsecured. […]

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