Tag Archives: chapter 7
Claiming the Homestead Exemption in a California Bankruptcy
When a debtor files a Chapter 7 petition, the U.S. bankruptcy trustee is authorized to sell certain of the debtor’s assets to pay the creditors. However, much if not all of those assets can be shielded from liquidation through the use of exemptions allowed by federal or state law. One of the important exemptions for […]
Understanding the “Willful and Malicious Injury” Exception to Debt Discharge
The overall goal of bankruptcy is to give deserving debtors a fresh start by relieving them of most of their financial obligations. However, “most” does not mean “all.” The U.S. Bankruptcy Code lists several types of debts that are not dischargeable in bankruptcy. Among these are debts incurred by inflicting “willful and malicious injury” upon […]
Deciding What Type of Business Bankruptcy to File
Opening a small business is exciting but risky. According to the Bureau of Labor Statistics, about 20 percent of small businesses fail in the first year. By the end of year five, 50 percent have failed. And after 10 years, 70 percent have gone out of business. For many small business owners, seeking bankruptcy protection […]
What is the Trustee’s Role in a Chapter 7 Bankruptcy?
When a person or business files for Chapter 7 bankruptcy, the petition and related paperwork provide the court with information about the debtor’s assets and liabilities, income and expenses and general financial condition. The court then assigns a trustee, whose role is to review the bankruptcy petition and other documentation and to supervise and administer […]
What Can Cause Your Chapter 7 Petition to be Denied?
Chapter 7 bankruptcy offers consumers a chance to be relieved of crushing debt and to get a fresh financial start. However, the law is not intended as a cover for fraud, deception or other conduct abusive of the bankruptcy system. Debtors who seek the law’s protection are held to high standards of good faith and […]
New Law Increases California Homestead Exemption up to $600,000
There is good news for California homeowners who are considering filing for bankruptcy protection. A new state law raises the homestead exemption — the amount of home equity that can be shielded from creditors in a Chapter 7 or Chapter 13 — to a minimum of $300,000 and a maximum of $600,000. The increase was […]
What is the Right of Redemption in Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is called liquidation because some of the debtor’s property is converted to cash to pay back creditors. However, property that is subject to secured loans is treated differently. The asset can be repossessed by the lender when the debt is discharged. But Chapter 7 filers may have secured personal property that they […]
How Exemptions Help You Keep Your Property in Bankruptcy
One of the most persistent misunderstandings in bankruptcy is that you have to give up your assets to gain a discharge from debt under Chapter 7. The truth is, most Californians who file in Chapter 7 get to keep most of their property. Remember, the goal of bankruptcy is to help you get a fresh […]
Giving Up Real Estate in a Chapter 7 Bankruptcy
In a Chapter 7 bankruptcy, the trustee may sell a portion of the debtor’s property in attempts to repay creditors. Not everything has to be turned over to the bankruptcy trustee, however, as California bankruptcy laws allow the debtor to keep exempt property. Property that is exempt is considered to be the “necessities of modern […]
How the Liquidation of Assets Works in Chapter 7
Many people fear they will be left with nothing when filing for Chapter 7 bankruptcy, but that is not the case at all. Chapter 7 liquidates your assets and uses the proceeds to pay back creditors. After assets have been liquidated and the creditors paid back, you may then be free of all consumer debts […]
