Sacramento Bankruptcy Lawyers Blog

A Sacramento bankruptcy attorney has suggestions on how to make the creditors stop calling...

Late payments or any delinquent account will have the creditors calling. Whether you actually owe the debt or not, creditors and bill collectors will call.

One way to have the creditors stop calling is to pay the debt. The account will be current and there’s no reason to call.

If the debt is actually not owed but the collectors believe you owe it then record on paper when those calls are made and what was being said. The material you gather here may support a cause of action for violations of the Fair Debt and Collections Practices Act.

If you believe you are judgment proof or the statute of limitations on collection had run let the creditor know by sending a letter or responding to their civil complaint in state court. If creditors recognize that that you are judgment proof or the statute of limitations had run they should stop calling.

Finally, filing for bankruptcy imposes an injunction against all collection activity by your creditors. Any collection effort after you file subjects the offending creditor to sanctions by the Bankruptcy Court.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Roseville bankruptcy attorney describes Unsecured Debt...

What does unsecured debt mean?

Unsecured debt is debt that is not secured by any type of property. If you default on unsecured debt payments your creditor has no security/no way to get his/her money back without suing you. Unsecured debt simply means the creditor's loan to you is not secured.

Unsecured debt vs. Secured debt

One helpful method of understanding what unsecured debt is comparing it with secured debt. Since unsecured debt means that the creditor's loan is not secured by anything, secured debt means the creditor's loan to you is secured by something. Secured debt includes things like your home mortgage (which is secured by your home), and your car loan (which is secured by your car). If you default on making your secured debt payments, then your creditor is secured in the sense that he/she can take back your home/or car to get the money back.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Roseville bankruptcy attorney explains to Roseville debtors how to keep personal property in bankruptcy?

How does a Chapter 7 Bankruptcy work?

The goal of a Chapter 7 bankruptcy is to wipe out all of your unsecured debt. The way it works is: any assets that you have (such as house, cars, clothes, jewelry, furniture, etc.) which are not covered by California exemption laws (if you reside in CA) are used to repay your creditors.

What property do I get to keep in a Chapter 7 Bankruptcy?
You will get to keep all of your real property and personal property in bankruptcy IF all of the property is covered by California exemption laws. California exemption laws allow you to keep up to a certain value of your home, your furniture, your jewelry, your vehicle, etc. Your assets include both real property and personal property in bankruptcy. If you don't have too many assets, then most likely you will get to keep all of your personal property in bankruptcy. California has two sets of exemption laws. You should consult with attorney to get a better idea of whether or not your assets will be covered by the exemption laws so that you can determine whether you will get to keep all of your personal property in bankruptcy.

How does a Chapter 13 Bankruptcy work?

A Chapter 13 bankruptcy is basically a repayment plan. It generally does not involve letting go of either real or personal property in bankruptcy. A Chapter 13 repayment plan can last anywhere from three (3) years up to five (5) years, depending on your income.

What property do I get to keep in a Chapter 13 Bankruptcy?

Generally speaking, if you qualify for a Chapter 13 bankruptcy and if you make all of your plan payments on time, then you should be able to keep all of your real and personal property in bankruptcy. Consult with your attorney to determine which Chapter of bankruptcy is the best option for you.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Roseville bankruptcy attorney looks at this bankruptcy blog topic: What is a bankruptcy exemption?

A bankruptcy exemption is a law that states that a certain property is exempt from (or not subject to) being taken during the bankruptcy process. Each state has its own exemption system. There is also a federal exemption system. California has two exemption systems. If you have property that is considered exempt based on the exemption system that is used in your bankruptcy case, then you will get to keep that property (if you are filing a Chapter 7) or you will not have to pay creditors the value of that property (if you are filing a Chapter 13.)

How does a bankruptcy exemption work?
Exemptions determine what property of yours will be considered exempt. For instance, cars are often exempt up to a certain amount, equity in your home is exempt up to a certain amount, furniture is exempt up to a certain amount, etc. Any equity above the limit is considered nonexempt. One of California's exemption systems has a wildcard exemption that can be used towards your property as well.

What type of property is typically not covered under a bankruptcy exemption?
Some examples of property that are not covered under a bankruptcy exemption laws are: susbtantial equity in a high value car, interest in an investment property, expensive hobby collections, expensive clothing, jewelry, etc.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento attorney address a popular consumer question: How do I make the creditors stop calling?

Late payments or any delinquent account will have the creditors calling. Whether you actually owe the debt or not, creditors and bill collectors will call.

One way to have the creditors stop calling is to pay the debt. The account will be current and there’s no reason to call.

If the debt is actually not owed but the collectors believe you owe it then record on paper when those calls are made and what was being said. The material you gather here may support a cause of action for violations of the Fair Debt and Collections Practices Act.

If you believe you are judgment proof or the statute of limitations on collection had run let the creditor know by sending a letter or responding to their civil complaint in state court. If creditors recognize that that you are judgment proof or the statute of limitations had run they should stop calling.

Finally, filing for bankruptcy imposes an injunction against all collection activity by your creditors. Any collection effort after you file subjects the offending creditor to sanctions by the Bankruptcy Court.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy attorney considers the question: Do I Need Counseling Before Bankruptcy?

The short answer as to whether you shoud have counseling before bankruptcy is, of course and In most cases, yes!

In 2005 Congress started to require credit counseling as a prerequisite towards filing. The course must be approved by the U.S. Trustee an arm of Department of Justice and must be taken within 180 days before the filing of your bankruptcy case. The credit counseling also describes some of the different chapters of bankruptcy and provides a detailed budget analysis. After counseling a certificate is given must be filed with your bankruptcy petition. If credit counseling is not done then your case will be dismissed.

There are some exceptions for the credit counseling certificate.

If you cannot provide a certificate at filing then you must provide it within 14 days after you file.

If you request credit counseling services but cannot obtain counseling within 7 days before you file and have an emergency situation the requirement for counseling may be waived depending on the emergency.

Those who either are incapacitated, disabled, or in active military duty are excused from credit counseling.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy attorney asks...What Do You Do If You Receive A Notice of Eviction?

If you receive a notice of eviction its best to leave the property. An even better step is to leave the premises before getting a notice of eviction. That will keep an eviction off of your credit report and not present a red flag to any future landlord.

In contrast, if you’ve overextended your stay and the landlord has won an eviction proceeding against you and has a judgment for possession then the filing of a bankruptcy will halt eviction only if the tenant pays one month of rent to the bankruptcy clerk and files a certification that states that the state court judgment permits the tenant to stay in the premises upon satisfaction of the entire judgment amount and has made a deposit of one month’s rent with the bankruptcy clerk. This allows the tenant have the advantage of the automatic stay injunction and stay in the premises for 30 days. To stay longer than 30 days the tenant must satisfy the amount stated in the judgment for possession to the Clerk of the Bankruptcy Court within the 30 day period that he’s in the premises.

The rules allowing a person facing eviction do not provide much relief. If the tenant could come up with the one month’s rent and the amount satisfying judgment he or she would have just avoided the eviction mess altogether and found another place to stay.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Roseville bankruptcy lawyer explains: How Much Does Bankruptcy Cost in Roseville?

Bankruptcy Cost – The Filing Fee

The Bankruptcy Code sets the bankruptcy filing fees. The bankruptcy cost for filing a Chapter 7 bankruptcy is $299. The bankruptcy cost for a Chapter 13 bankruptcy is $274. Everyone who files for bankruptcy must pay the filing fee. It can be paid upon filing, or within four equal installments (with the court’s permission.)

Bankruptcy Cost – The Credit Counseling Fee

One small, yet often overlooked bankruptcy cost, is the credit counseling fee. Bankruptcy law requires every person who is filing for bankruptcy (regardless if it is a Chapter 7 or Chapter 13) to take two credit counseling courses. One before the petition is filed, and one before the discharge. Each credit counseling agency has its own fees. The cost averages around $30 per course.

Bankruptcy Cost - Legal Preparation

The bankruptcy cost of legal preparation varies. You can either file the bankruptcy petition yourself, hire a petition preparer (non-attorney), or an attorney to handle your case. The bankruptcy code is not as straight forward for a lay person to understand, so if you plan on filing your own bankruptcy be prepared to at least purchase a few training materials. Bankruptcy legal costs vary. You should consult your attorney.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy attorney informs Sacramento on the bankruptcy judges for the city of Sacramento...

For Sacramento, there are four bankruptcy judges. The Chief Bankruptcy Judge is Christopher M. Klein. He presides over Chapter 7 and Chapter 11 filings.

The other Bankruptcy Judges are Thomas C. Holman who handles Chapter 7, Chapter 11, and Chapter 13 filings; Ronald H. Sargis who hears Chapter 7, Chapter 11, and Chapter 13 filings; and Michael S. McManus who handles Chapter 7 and Chapter 11, and Chapter 12 filings. Judge McManus is also bankruptcy judge assigned to the Chapter 9 filing of Vallejo.
Bankrutpcy Judge Robert S. Bardwill now presides over Chapter 7, Chapter 11, and Chapter 13 filings in the Stockton and Modesto areas.

All four bankruptcy judges have their chambers in the Robert Matsui Federal District Court located in Sacramento.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Roseville bankruptcy attorney lets you know Where the US Trustee’s office in Roseville is...

If you live in Rosevile, then the US Trustee’s Office which is closest to you is located at 501 I Street, Suite 7-500, Sacramento, CA 95814.

Will my 341(a) hearing be held inside the US Trustee’s Office?
If you are filing for bankruptcy, you will have to attend a 341(a) hearing (which is often referred to as a “meeting of creditors”). You will be meeting with the Trustee who is appointed to your case; however, you are not likely to be meeting with the US Trustee in a private office. Instead, your 341(a) hearing will will be held in a meeting room. For a list of the 341(a) meeting rooms in your area, please click here.

What can I expect at the 341(a) hearing?
Well, first of all, don’t be intimidated by the name of the meeting. Contrary to common belief, the 341(a) hearing is held in a meeting room filled with people rather than a private US Trustee’s Office. The meeting is pretty informal and it lasts about 15 minutes. The trustee will verify your identity and will ask you any questions he or she has about your petition. It is a pretty simple process and nothing to be alarmed by. If you are working with Sagaria law, we will never send you to a private US Trustee Office alone! Your attorney will be present with you.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Roseville bankruptcy attorney lets you know how to stop foreclosure in Roseville...

Myth: Stop Foreclosure and Don’t Pay Mortgage

“If I file for bankruptcy to stop foreclosure, I will get to keep my house without paying a dime. “ As ideal as that sounds for every homeowner, bankruptcy does not wipe out all of your mortgage obligations.

Fact: The Automatic Stay Will Stop Foreclosure
Yes, it is true. The automatic stay will stop foreclosure temporarily. The moment you file for bankruptcy, an “Automatic Stay” is placed on all of your property. That means, no creditor can collect from you once you have asked the court for bankruptcy relief. The automatic stay takes affect the moment you file for bankruptcy, whether you file for a Chapter 7 or a Chapter 13 bankruptcy. Generally, however, the automatic stay will be lifted about a month later when the bank files a Motion for Relief from stay. So, if you are filing for a Chapter 7 bankruptcy, you will still have to make the payment that the bank is asking for in order to keep your home at that point.

Filing for bankruptcy is an excellent option if you are drowning in debt, facing foreclosure tomorrow, and believe that within a month you will be able to raise the money needed to pull your home out of foreclosure.

How does Chapter 7 Bankruptcy Stop Foreclosure?
Again, the moment you file for Chapter 7 bankruptcy, you will immediately stop a foreclosure. In order to keep your home permanently, you will have to pay the bank the amount of money that the bank is asking for to pull your home out of foreclosure whenever the automatic stay is lifted.

How does Chapter 13 Bankruptcy Stop Foreclosure?
Just like with the Chapter 7 bankruptcy, the automatic stay will immediately stop foreclosure. The beauty of a Chapter 13 bankruptcy is that it allows you to keep your property so long as you can show that you will pay any mortgage delinquencies over the life of your plan. There are other factors to consider when filing for Chapter 13 bankruptcy, so be sure to talk to your attorney regarding how Bankruptcy can help you.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy attorney informs: Where can I find the necessary bankruptcy forms in Sacramento?

The necessary bankruptcy forms in Sacramento or any other city can be found on the district court’s website in the jurisdiction for which you live in. For Sacramento: click here, then choose the the link on the upper right hand side.

For a nominal fee the clerk of the Bankruptcy Court can provide hard copies of all the necessary bankruptcy forms for a petition.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy lawyer provides information on the US Trustee for the Eastern District of California including Sacramento, Roseville, Stockton and Redding.

The Office of the United States Trustee is a component of the United States Department of Justice. The office monitors all bankruptcy cases filed in the District and in that capacity brings actions that are needed to ensure that cases are being handled appropriately under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure.

If there's any involvement in a bankruptcy case by the US Trustee in the Eastern District of California then you will encounter Assistant US Trustee Antonia Darling, or staff attorneys Judith Hotze, Allan Massey, and Edmund Gee.

Their office is at the U.S. District Court for the Eastern District located at 501 I St., Sacramento, CA 95814.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy lawyer answers if Bankruptcy will help with Credit Card Debt?

Bankruptcy may help with credit card debt depending on whether you can exempt all of your assets. Luckily in California the wildcard exemption along with the other exemptions for your car, tools, etc..is enough to exempt all of your property. Other states are not so generous. Any property that cannot be exempted is nonexempt and must be liquidated by the Chapter 7 trustee and use whatever is realized after auction or sale to pay creditors.

In Chapter 13 filers are permitted to keep their property but they would have to pay the value of any nonexempt out their future income. If all the property is exempt then creditors do not get paid in your Chapter 13 plan leaving only any remaining attorney fees and the trustee’s administrative expense to be paid over the term of your Chapter 13.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy lawyer clarifies 'What is a Secured Debt?'

A "secured" debt is a debt that is "secured" by collateral. A secured creditor has the right to repossess a piece of property in the event of a payment default. The most common examples of "secured" debts are mortgages and car loans. Most people realize that a car can be repossessed if they fall behind on their car payments. Other types of "secured" debt are in-store financing for furniture, electronics, etc... Title loans on vehicles and financing companies that ask for a household good listing are also "secured" debt.

If you want to keep your car, keep making the payments. If you want to keep your furniture, generally, you must keep paying that creditor. So, if you owe "secured" debt and you want to retain the collateral, the general rule is that you must pay these creditors.

In Chapter 13 bankruptcy it is sometimes possible to negotiate better terms with the secured creditor. In Chapter 7 the general rule is that secured creditors do not renegotiate terms. This negotiation process and agreement is referred to in the bankruptcy court as a "reaffirmation." "Secured" debts also get better treatment in Chapter 13 repayment plans because the law requires that a Chapter 13 plan must repay the "value" of the collateral + interest and then the "unsecured" portion of the claim gets treated as a general "unsecured" debt and can be paid pennies on the dollar. It’s a split claim.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Roseville bankruptcy attorney answers US Trustee questions...

Role: What is the role of the US Trustee in my bankruptcy case?

It is the US Trustee’s job to detect and combat bankruptcy fraud. The US Trustee administering your case will be the person who will review your bankruptcy petition, along with all of your documents, to make sure your information is complete. The US Trustee will be present at your 341(a) hearing, and will be the person asking you any questions about your bankruptcy petition that he/she may have. The US Trustee will oversee your bankruptcy filing until your case is discharged.

Who is the US Trustee for Roseville?

The main US Trustee for the Northern and Eastern Districts of California and for the District of Nevada (or Region 17) is Sara L. Kistler. If you live in Roseville, California, you are within the Eastern District of California. As you can imagine, that is a very large area for one US Trustee to cover all alone! Instead, the US Trustee appoints the trustee who will administer the bankruptcy cases in your local area. The US Trustee appoints a Chapter 7 panel as well as a Chapter 13 panel.

If you live in Roseville, California, then the trustee assigned to your case will be from the Sacramento panel of trustees appointed by the US Trustee. To find a listing of the trustees that will administer Roseville consumer bankruptcy cases, you can visit http://www.justice.gov/ and go to US Trustee Program.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

How can bankruptcy help with debt relief?

Bankruptcy allows a filer to receive a discharge and its the principle incentive for filing bankruptcy. The discharge is by law the forgiveness of the balance of debts not paid prior to the filing of your bankruptcy case. The discharge is only given to the honest filer and works to relieve the personal liability on debts but does not terminate any lien on the filer’s property. The discharge of debts immediately helps to improve your creditworthiness by increasing your income to debt ratio. The FICO goes up!. The effect of the discharge in place even after the bankruptcy case is closed. No creditor can ever come back and collect on the debt once you’ve received your discharge. Yes, filing bankruptcy helps with debt relief.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy lawyer answers: What Is A Bankruptcy Exemption?

A creditor who has a judgment can execute or enforce judgment only on property of the defaulting borrower. States pass law that exempts certain property of a borrower from the claims of a creditor who obtained judgment. These laws are called exemptions and either allow the borrower protect property up to the value set by the state exemption laws. These exemptions are available outside of bankruptcy and within bankruptcy. Its here where an experienced attorney comes in useful by identifying the property of the borrower and exempting it. A competent attorney will always maximize the use of exemptions to protect his or her client’s property.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankrutpcy lawyer defines Relief From Automatic Stay

Relief from automatic stay occurs where creditors or other parties in interest can be protected by requesting relief from the automatic stay where their property is not being adequately protected. Property under protection of the automatic stay may be diminishing in value or the lender may not be compensated for the depreciation that occurs over time.

In order to be granted relief from stay is it important to know the special code provisions, special bankruptcy rules, and the special local rules which pertain to relief from stay motions. Apart from these standard and localized rules are fundamental requirements that every relief from stay motion must satisfy.

Relief from stay granted for cause occurs where the borrower is not making payments. Monthly contractual payments are in theory equivalent to the amount of depreciation of the collateral for that month. So when a borrower is delinquent the lender’s property is depreciating while no compensation is being provided.

Relief from stay is granted where there is no equity in the property and it is not essential to an effective reorganization. If the amount owed exceeds the value of the property no equity exists that would protect the lender’s interest during the bankruptcy. The property must also not be essential to effective reorganization.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy attorney tells consumers how to keep your car in bankruptcy?

To keep your car in bankruptcy its important to understand that a consumer bankruptcy whether its in Chapter 7 or Chapter 13 removes your personal obligation to pay on the debt. The creditor or lender has a security interest in the car which means that if they’re not getting paid on the loan that’s backed by the car then the security interest allows them to repossess the car in the event of default. There’s a twist to keeping the car depending on the chapter of bankruptcy you file.

Keeping the car in Chapter 7 bankruptcy requires merely that you pay the monthly amounts or more to compensate the lender for the rate of depreciation in the car. Lenders realize that a Chapter 7 discharge erases your liability so they don’t want you to drive the car and later escape from the debt if you later turn the car in. Therefore the lender proposes a reaffirmation agreement where you agree to have the debt held as nondischargable in order to keep the car. Not signing the reaffirmation agreement gives the lender to repossess the car even if you’re current.

Chapter 13 bankruptcy is a repayment plan. If the payments on the car are late or you propose to pay only the actual value of the car during the term of your Chapter 13 plan then keeping the car is dependent on making the plan payment. By making the plan payments the car’s loan is being paid off. Once the value of the car is paid off then lender should give title to the car.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

A Sacramento bankruptcy attorney explains the Automatic Stay in bankruptcy...

The automatic stay (stay) is provided for by the Bankruptcy Code. Its effect is to impose a wide prohibition on all activity to collect pre-filing debts from the bankruptcy filer or to asset claims against the bankruptcy filer based on pre filing property.

The stay is essential to the fresh start and the even handed treatment of creditors. By halting collection activity by creditors the stay prevents the depletion of the filer's assets and preserves them for either surrender or retention by the filer.

In addition to preserving the estate, the stay gives the debtor sanctuary from creditor pressure so that an orderly case can be arranged. Once the bankruptcy case is closed the stay ends.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!

Press Release June 1, 2010
Sagaria Law Announces a New Team of Summer Interns at their Corporate Location

Sagaria Law, P.C. announced today that they have acquired 5 new interns from Santa Clara Law and Rice University. The enthusiastic group of young up and comers will support the Marketing and Bankruptcy departments at Sagaria Law’s flagship office located in downtown San Jose, California.

Scott J. Sagaria, Esq., Principal of Sagaria Law, had to say this about his first Summer Intern Program, “We are very excited to both provide this opportunity to these future attorneys as well as welcome the assistance these bright students have to offer our Bankruptcy and Marketing divisions.”

The new bankruptcy firm interns will work throughout the summer, and some will stay on through fall. Sagaria has built a future employment opportunity into the program based on student interest and performance.

PUBLICITY CONTACT:
Toby White
Sagaria Law PC
408.279.2288
twhite@sagarialaw.com

A Sacramento bankruptcy attorney explains Chapter 13 rules in California

Each Chapter 13 filing is governed by the confirmation requirements of the U.S. Bankruptcy Code and the National Federal Rules of Bankruptcy Procedure. Different regions or jurisdictions also have different rules that are required to be met for a Chapter 13 plan to be approved and implemented. There are four districts in California and the rules for each district will be explored below.

Eastern District

The basic rule in the Eastern District Bankruptcy Court is that if the loan backed by collateral is delinquent then there must be a plan provision that has the trustee pay both the delinquency and ongoing payment to the lender. Furthermore if the term of the loan matures during the term of the proposed plan then the payments must be paid by the trustee. The rationale is to reduce the number of relief from stay motions filed by creditors in the event of default. Here in the event of a missed payment, the trustee files an application to dismiss the plan. If the plan is dismissed then the creditor can pursue the property on its own. This procedure cuts down on the number of court hearings and reduces the strain on tax payer resources.

Northern District

The Northern District allows a Chapter 13 filer to pay the ongoing loan payment directly to the lender. Any arrearage is paid by the trustee. As a consequence the Northern District uses adequate protection orders in response to motions for relief from stay in the event that a filer misses a direct payment to the lender. If a plan proposes to cram down and pay the actual value of collateral then the proposed value is paid entirely through the plan. Provisions in the plan specifying interest and value are deemed accepted unless opposed by the lender. No additional notice is required.

Central District

The Northern District allows a Chapter 13 filer to pay the ongoing loan payment directly to the lender. Any arrearage is paid by the trustee. As a consequence the Northern District uses adequate protection orders in response to motions for relief from stay in the event that a filer misses a direct payment to the lender. If a plan proposes to cram down and pay the actual value of collateral then the proposed value is paid entirely through the plan. B Provisions in the plan specifying interest and value are not deemed accepted even in the absence of opposition. The filer’s attorney must set an adversary proceeding.

Southern District

The Southern District like the Northern District allows a Chapter 13 filer to pay the ongoing loan payment directly to the lender. Any arrearage is paid by the trustee. As a consequence the Northern District uses adequate protection orders in response to motions for relief from stay in the event that a filer misses a direct payment to the lender. If a plan proposes to cram down and pay the actual value of collateral then the proposed value is paid entirely through the plan. Provisions in the plan specifying interest and value are deemed accepted unless opposed by the lender. Like the Northern District no additional notice is required.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement 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, Sacramento and Roseville!