Free Information on Bankruptcy Law under the United States Bankruptcy Code and In-Depth Descriptions of the Difference Between Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and Chapter 11 Bankruptcy!
Dismissing or Converting a Bankruptcy Case How to Dismiss or Convert a Chapter 7, Chapter 11, & Chapter 13 Bankruptcy Filing for bankruptcy is an incredibly powerful tool to help alleviate debt that cannot be paid. When filing for bankruptcy, it is important that paperwork is filed honestly and in a timely manner, local and … Read More
While many California homeowners have heard of bankruptcy exemptions like the homestead exemption, few understand how this powerful tool can be used to ensure that homeowners stay in their homes, despite creditors, judgments, and even bankruptcies. Below, the experienced California bankruptcy attorneys at Talkov Law provide the tips and tricks to maximize your California homestead … Read More
How Much Home Equity Can a Debtor Exempt in California Bankruptcy? As California bankruptcy attorneys, we are often asked how much equity a debtor can have in their home and still file for Chapter 7 bankruptcy? The answer is simple: anyone can file for bankruptcy, but it may not be wise to if the debtor’s … Read More
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it … Read More
What is a Preference in Bankruptcy? The trustee in bankruptcy is incentivized to claw-back any transfers made by the debtor before the bankruptcy petition is filed in order to maximize the trustee’s own compensation. In addition to the trustee’s ability to attack fraudulent conveyances and actions taken by creditors in violation of the automatic stay, … Read More
How to Recover Sanctions for Violations of the Automatic Stay in Bankruptcy Many bankruptcy practitioners think an automatic stay violation equals sanctions for every debtor. However, those sanctions are only available to “individuals,” not corporations, limited liability companies (LLCs), and others entities. What is the Automatic Stay in Bankruptcy? Upon the filing of a petition … Read More
What is Consumer Debt? – Consumer Debt Definition under the Bankruptcy Code Consumer debt is defined in the United State Bankruptcy Code as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). An experienced bankruptcy attorney can help clarify this definition in addition to the guidance provided … Read More
Free Calculator to Determine the Bankruptcy Trustee’s Fee in a Chapter 7 and Chapter 11 Bankruptcy
The Tricks that the Bankruptcy Trustees Don’t Want You to Know! How to Avoid the Sale of Your Property By a Chapter 7 Trustee It may come as a surprise to many involved in bankruptcy that the Chapter 7 Trustee is in control of all assets of the bankruptcy estate. That estate include “all legal … Read More
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