Get Foreclosure Help

Tag: bank attorney in Los Angele

  • Is it Possible to Reopen Your Bankruptcy Case?

    Is it Possible to Reopen Your Bankruptcy Case?

    Call: 888-297-6203

    When people file for bankruptcy, their bankruptcy can either be dismissed because it does not fulfill all criteria, lacks some important document or has valid objections raised against it by creditors; or, the bankruptcy is discharged once all responsibilities are completed (dues are cleared). However, inform Los Angeles based bankruptcy law firm Recovery Law Group lawyers, sometimes, the bankruptcy case is closed without a discharge. Since bankruptcy is a complex process, closure of case without discharge is possible. If this is the case, you will require the assistance of experienced bankruptcy lawyers. You can call 888-297-6023 to schedule an appointment with the best-qualified attorneys.

    Sometimes, your bankruptcy file might be closed because of a mistake- like not completing the mandatory credit counseling course or worse, completing it and forgetting to attach the certificate. Since the course is compulsory, the lack of certificate might cause your case to be closed without a discharge. Not listing all your creditors and/or your assets is another reason which can cause your bankruptcy file Los Angeles to be closed without a discharge. An experienced bankruptcy lawyer can guide you through the process of reopening your bankruptcy file or you could avoid making these mistakes altogether if you hired an attorney from the start.


      *Are you more than 60 days past due on your mortgage?

      *Do you own a home?

      Are you currently working?

      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

    • Child and Spousal Support in Chapter 13 Bankruptcy

      Child and Spousal Support in Chapter 13 Bankruptcy

      Call: 888-297-6203

      If you have ended up accumulating large amounts of debts, bankruptcy might be a great way to get rid of those debts. However, while you decide to file for bankruptcy, it is vital to understand that not all debts get discharged during bankruptcy. According to Los Angeles based bankruptcy law firm Recovery Law Group, secured debts, as well as priority debts, survive bankruptcy. Secured debts are those debts against which the creditor has some asset (mortgage, auto loan, etc.) while priority debts include those like child support and alimony payments.

      Chapter 13 bankruptcy offers a great chance for people with large amounts of debts and sufficient income to put a hold to collection tactics of creditors. Automatic stay is put in force when any individual files for bankruptcy, and this provides debtors with enough time to restructure their finances in order to pay their debts in time. Sometimes, debtors might also place a stay on the collection of child or spousal support. However, it is vital to remember that these debts are not discharged in bankruptcy.

      Usually, support obligations (child and spousal support) are not affected by Chapter 13 bankruptcy. Individuals who file for bankruptcy under this chapter continue to make payments towards this obligation throughout their bankruptcy course. However, if they request to put a halt on the support collection during chapter 13 bankruptcy recourse, the court can allow it.

      Since support obligations are considered priority debt which though unsecured is never discharged in case of bankruptcy, the debtors are expected to make payments towards this debt, even after their bankruptcy discharge. In case a debtor is successfully able to halt collection actions on these debts during their bankruptcy chapter, completion of Chapter 13 bankruptcy discharge will result in them having to pay for the obligations, till the support order requires them to. Chapter 13 bankruptcy discharge, therefore, has no effect on the payment of child and spousal support.

      If you find all this too mind-boggling, it is best you consult with experienced bankruptcy lawyers Los Angeles who are aware of the various nuances of the law. You can call 888-297-6023 to seek expert guidance regarding the best approach to get back on track financially.


        *Are you more than 60 days past due on your mortgage?

        *Do you own a home?

        Are you currently working?

        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

      • Consumer Benefits of Chapter 13

        Consumer Benefits of Chapter 13

        Call: 888-297-6203

        While bankruptcy might be traumatic, it is an excellent way to get rid of excessive debts legally. As per lawyers of Los Angeles based bankruptcy law firm Recovery Law Group, most people filing for bankruptcy prefer Chapter 7. This is probably because you get a discharge within a relatively smaller time and with few financial restrictions and probable loss of some personal property, they can get rid of their debts. However, if you have a substantial income to pay off your debts, you might not be able to qualify for Chapter 7. In such a scenario, Chapter 13 is a great way out for people in debt who wish to stop creditor harassment and get rid of their debts.

        In case of Chapter 13, a repayment plan is devised based on your disposable income, through which you end up paying some portion of your debt to the creditors over a specified period (generally 3-5 years). Unlike Chapter 7 where the non-exempt property is sold off to pay the creditors, you can protect your assets from liquidation in Chapter 13 if you pay your creditors a sum equal to the non-exempt property. However, there is a limit capped by the court to saving non-exempt property by the debtor. In case you have enough income to afford the repayment plan, Chapter 13 is ideal for your financial recovery. For details regarding the benefits associated with this bankruptcy chapter and the protections you get when you file for bankruptcy, you can call 888-297-6023 to speak with expert bankruptcy lawyers Los Angeles.


          *Are you more than 60 days past due on your mortgage?

          *Do you own a home?

          Are you currently working?

          By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

        • Everything You Wanted to Know About the Chapter 13 Repayment Plan

          Everything You Wanted to Know About the Chapter 13 Repayment Plan

          Call: 888-297-6203

          Filing for bankruptcy is often the last option taken by people who have been struggling with debts for a long time. According to Los Angeles based bankruptcy law firm Recovery Law Group lawyers, people have the option of filing under Chapter 7 or Chapter 13. Ideally, Chapter 7 is preferred as it gets rid of all unsecured debts without losing many assets of the bankruptcy filer. If, however, you fail to qualify the means test, you are stuck with Chapter 13. It is therefore important to know what happens in this chapter so that you are prepared to handle what comes your way.

          Here are some of the key facts related to Chapter 13 bankruptcy:

          • Chapter 13 involves a repayment plan where you are expected to pay back your creditors some portion of your debt.
          • The repayment plan lasts for 3 or 5 years depending on whether your average monthly income for the past six months prior to bankruptcy filing was less than or more than the state median respectively.
          • The repayment to creditors is done using your disposable income, i.e. the income which is left after deducting all essential monthly expenses such as housing, food, etc.
          • If your financial situation deteriorates during the repayment plan (loss of a job, unexpected medical expense, ) which results in non-payment of the dues, you can ask for a modification in your agreement by consulting your bankruptcy trustee.
          • After completion of the repayment plan in 3-5 years, you can get a fresh financial start.

          For more details regarding bankruptcy procedure and filing, you can contact experienced bankruptcy lawyers Los Angeles, at 888-297-6023.


            *Are you more than 60 days past due on your mortgage?

            *Do you own a home?

            Are you currently working?

            By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

          • Drawbacks of Chapter 7 Bankruptcy

            Drawbacks of Chapter 7 Bankruptcy

            Call: 888-297-6203

            When it comes to bankruptcy, most people prefer Chapter 7, as it lets you get rid of all your debts without losing any assets. Moreover, the discharge is also guaranteed within a relatively smaller time frame (3-6 months) compared to Chapter 13 bankruptcy (3-5 years). However, despite the numerous benefits associated with it, it is important to weigh in the losses due to this bankruptcy chapter before deciding to pursue it further. Los Angeles based bankruptcy law firm Recovery Law Group lawyers advise that being aware of the pros and cons is important to avoid disappointment later in life. According to them, the major drawbacks of this bankruptcy chapter are:

            1. You might end up losing some or all your non-exempt property which is liquidated to pay your unsecured creditors.
            2. There are certain loans that will survive the Chapter 7 bankruptcy. These include child support and alimony, student loan debt, certain taxes, etc. If these constitute the major chunk of your debts, your filing for bankruptcy and getting a discharge won’t be of much help.
            3. The biggest disadvantage of Chapter 7 bankruptcy is that it remains on your credit report for a duration of 10 years! This can be a huge disadvantage if you are looking for fresh credit like a mortgage or even a new job.

            Though the advantages of Chapter 7 bankruptcy may probably outweigh these points, it is important to be aware of what you are getting into. If you feel your financial situation will improve after filing for Chapter 7 bankruptcy Los Angeles, you should go ahead with it. An experienced bankruptcy lawyer can help make things clear for you. In case you need a consult with one, you can call 888-297-6023.


              *Are you more than 60 days past due on your mortgage?

              *Do you own a home?

              Are you currently working?

              By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

            • Marriage and Bankruptcy: What Happens If A Person with Great Credit Marries Another Who is Fresh Out of Bankruptcy?

              Marriage and Bankruptcy: What Happens If A Person with Great Credit Marries Another Who is Fresh Out of Bankruptcy?

              Call: 888-297-6203

              Marriage is a big decision, something which should be taken after much deliberation. Since money is often the bone of contention in most marriages which might result in divorce, having money matters sorted prior to getting married is an excellent decision. Unforeseen circumstances can send anyone in financial distress. People who decide to get married to someone who is fresh out of bankruptcy, are often worried about the effect of this decision on their finances.

              According to Los Angeles based bankruptcy law firm Recovery Law Group, marriage is not going to join the individuals’ credit automatically. If both have their individual accounts without any joint account, they won’t have any shared credit history. Keeping credit histories separate for long after the marriage is, however, a difficult task to accomplish. For any big purchase like a house, you are required to apply jointly so that both names are on the mortgage. In this case, the income as well as credit history of both parties, are considered for evaluating the risk associated on the loan.

              If one of the partners has a bankruptcy on their credit report, getting new credit, such as that for a mortgage might be slightly difficult. Bankruptcy remains on credit report for a duration of 10 years in case of Chapter 7 bankruptcy and 7 years in case of Chapter 13 bankruptcy Los Angeles. Unforeseen circumstances leading to bankruptcy are manageable but overspending and money management issues will likely wreak havoc in your marriage.

              Sharing credit reports and being aware of the financial situation of both you and your partner provides you with an opportunity to manage the finances. Discussing things before marriage is advised as you can avoid several problems later. Professional assistance can be taken from bankruptcy lawyers by calling 888-297-6023.


                *Are you more than 60 days past due on your mortgage?

                *Do you own a home?

                Are you currently working?

                By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

              • Status of Pets in Chapter 7 Bankruptcy

                Status of Pets in Chapter 7 Bankruptcy

                People in Los Angeles love to keep pets like horses and dogs. When they need to file bankruptcy, the fear of losing them in the procedure is quite high. Most of them shy off from applying for chapter 7 bankruptcy since they do not want to lose their pets. They love their pets and treat them like family members. However, the court needs to investigate many things before allowing pets to be exempted. Applicants looking for some valuable advice to keep their pets must visit- Recovery Law Group.

                How can an applicant exempt their pets in a bankruptcy case?
                When a person applies for chapter 7 their entire property is evaluated, which also includes high maintenance pets like horses and dogs. The aim to evaluate the entire assets is to generate a decent amount to pay the creditors. If the pets can fetch good money the court will not shy from putting it in the non-exempted column. Chapter 7 allows the applicant to keep certain assets that will not be sold out. The assets that are exempted may differ from State to Federal system.

                Are pets exempted?
                Some states may allow the applicant to keep the pets. So, if the applicant belongs to those States, he can keep the pets. While other states may offer a wildcard exemption. A wildcard exemption is a gift card by the court that allows the applicant to keep any of their personal objects that may not value more than a certain figure. If the pets’ value falls within that figure the applicant can keep them. The applicant must study the State and Federal rules for exemption in Chapter 7 before applying for bankruptcy. This will give them a clear picture.

                Can the court exempt pets?
                The trustees appointed by the court can exempt the pets without employing wildcard. The trustee if finds, the pets cannot generate much value, it can exempt them. An ageing horse or dog that may not bring much monetary value can be exempted by the trustee. However, a good breed dog or horse that will generate good worth will not be exempted.

                Pet care
                Pets care can be an expensive affair. The applicant needs to fill many forms before filing Chapter 7 Bankruptcy case. The forms have details of the clients’ income, expenses, assets, debts, and the latest financial transactions. Schedule J is the form that shows details of the applicant’s expenses. If the trustee observes that the client is spending far too much on pet care, they can advise the court to dismiss the case. The trustee may feel that the money spent on pet care could have been otherwise used to pay the creditors.

                Day-day living expenses
                The applicant’s day-day living expenses are scrutinized in detail by the trustees. In no way, the applicant can enjoy a luxurious life and be a suitable candidate for Chapter 7 bankruptcy Los Angeles. The court needs to examine whether the case is not a fraud one. Hence, if the applicant’s daily expenses are minimal, despite expensive pet care, the trustee can grant an exemption on pets. Cutting their own cost by using an inexpensive car, abandoning middle-class luxury lifestyle can convince the trustee and allow immunity to pet like horses and dogs.
                Apparently, the court’s major objective is to allow the applicant to enjoy a decent life with their loved ones after the bankruptcy case. For more details on retaining the pets please call on- 888-297-6203.


                  *Are you more than 60 days past due on your mortgage?

                  *Do you own a home?

                  Are you currently working?

                  By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                • FAQs Related to Chapter 7 Bankruptcy

                  FAQs Related to Chapter 7 Bankruptcy

                  Bankruptcy can be quite confusing. Lawyers of Los Angeles based bankruptcy law firm Recovery Law Group, confirm that there are numerous questions that people have regarding bankruptcy process and discharge. You can ask expert bankruptcy lawyers at 888-297-6023 about issues related to various bankruptcy chapters. Here are some FAQs related to Chapter 7.

                  What is Chapter 7 bankruptcy?

                  Also known as “Liquidation Bankruptcy”, Chapter 7 bankruptcy is an ideal way to get a fresh start as it wipes off most types of debts. In this case, any non-exempt property that you have is liquidated by the bankruptcy trustee and the proceeds are used to pay your creditors. In most cases of Chapter 7 bankruptcy, the filers have very little non-exempt property, hence they end up keeping nearly all of it.

                  Is it true that now it is harder to qualify for Chapter 7 bankruptcy?

                  The bankruptcy laws were revamped by the Congress in 2005 which resulted in stricter norms for potential Chapter 7 bankruptcy filers. Earlier a Chapter 7 bankruptcy case was dismissed by the bankruptcy judge if the debtor had enough disposable income for a repayment plan as per Chapter 13. Now, specific criteria are used to determine if a debtor can afford a Chapter 13 repayment plan.
                  For an individual to qualify for Chapter 7 bankruptcy they must be able to pass the means test. In this case, the debtor’s income is compared to the median income of the state for a household of a similar number of individuals. If debtor’s income is less than the median income, he/she qualifies for Chapter 7 bankruptcy. In case the income is above the state median, an account of the expenses and debt payments is seen to assess whether a repayment plan can be devised for Chapter 13 bankruptcy or not.

                  Are all unsecured debts wiped off in Chapter 7 bankruptcy?

                  Unsecured debts comprise of those debts which do not have any collateral attached with them, such as medical bills, credit card bills, personal loans, etc. Most unsecured debts are wiped out in Chapter7 bankruptcy. However, some unsecured debts like student loans, child and spousal support, tax debts due within previous 3 years, recent debt for any luxury items, and any debts arising due to fraud (writing a bad check, lying on credit application) are considered non-dischargeable. These debts remain even after bankruptcy.

                  Can I keep my home in Chapter 7 bankruptcy if I am current on my mortgage?

                  State and federal government provide exemptions for bankruptcy filers to protect some equity in the property. This allows them to get a fresh start. The homestead equity which allows exemption on equity on home to bankruptcy filers varies from state to state. If the homestead exemption covers all the equity in your home, you can keep your home in a Chapter 7 bankruptcy Los Angeles. However, you need to stay current on your mortgages to ensure your home remains with you.

                  If I don’t own a home, do I have to give up other property while filing for Chapter 7 bankruptcy?

                  Bankruptcy laws allow debtors to keep some amount of property, known as exempt property. This includes some equity in home, vehicle (up to a fixed value), clothing, furnishings, household appliances, personal effects, retirement funds, pensions, tools of the trade, etc. Many times, debtors end up keeping nearly all of their property when they file for bankruptcy.


                    *Are you more than 60 days past due on your mortgage?

                    *Do you own a home?

                    Are you currently working?

                    By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                  • How to Plan an Affordable Wedding in Los Angeles?

                    How to Plan an Affordable Wedding in Los Angeles?

                    Weddings are a costly affair with numerous investment like Decor, Flower arrangements, Dinner parties, etc. However, There are possibilities where you can have an elegant affair which is affordable as well in Los Angeles. If you wish to decrease the cost of your wedding without settling on your dreams and any quality, Then There are a number of affordable options available. With Bohemian style catching up with people, They are no longer interested in using their hard-earned money feeding to friends and relatives in 5-star hotels or popular restaurants. Venues like community gardens or beachside are extremely popular and relatively less pricey.

                    Here is a list of different affordable innovative wedding venues in Los Angeles:

                    1. James Irvine Japanese Garden– Located in downtown LA, This garden is perfect for a wedding ceremony with lush greenery, stonework, footbridge, and an enchanting waterfall. With prices starting from $3,100 for the wedding ceremony and reception, you can have the best of both worlds.
                    1. California Yacht Club – The Marina Del Rey is a waterside hideaway which is astonishingly affordable compared to other yacht clubs. The catering price starts at $42 per person, Which reduces the food amount considerably.
                    1. Inn of Seventh Ray– The Topanga Canyon is an excellent outdoor venue which can play hostess to around 100 guests. The price is surprisingly inexpensive at $1,450. A photogenic gazebo is an attractive place for photo shoots. The gathering can proceed back home.
                    1. Centre for Arts in Eagle Rock– The Carnegie Library is now known by this name and is available at amazingly low rentals ($3,500 for 8 hours). You can also get to save on decoration as the 20th century spectacular architecture allows for a dazzling background for your wedding.
                    1. Orcutt Ranch– The West Hills spot is an excellent venue for a wedding with sprawling 24 acres of the rose garden and citrus orchard With a reasonably affordable price of $2,000 for 6 hours on the weekend is extremely attractive too.

                    Such different wedding venues make for not just an amazing backdrop for the function but are also extremely pocket-friendly. Being mindful about your budget is extremely valuable, Particularly if you have tight finances. There are various other ways to conserve money. Here is where you can save some extra while planning weddings in Los Angeles.

                    Save money on food

                    Catering is an important aspect of a wedding, One aspect which cannot be ignored. However, Catering bills in 5-star restaurants and reception halls can run into a huge amount. In case you do not want to compromise on the location, You need to reduce the guest list. You can alternately move the reception to your or a friend’s place where you can opt for a catering service to decrease the food bill. Alternately, You could also opt for your bridesmaids-groomsmen to crack in to share the food costs.

                    You can improve this plan to different parts of your wedding like Photography, Flowers or Party Favors. In any case, You must ensure that you shower more love and benevolence to every one of the individuals who will have stepped in to help make your wedding functions a success with unbelievable achievement.

                    Save money on Los Angeles honeymoon

                    The second most expensive thing about planning for a wedding is a foreign honeymoon destination. With beautiful beaches, wine tasting gateways and other destinations available in Los Angeles for you to choose from, You can easily save a bucket load of money and time. For adventure seekers, Big Bear Lake is a great option, while those looking for a posh and artsy trip, Santa Barbara are a perfect choice. A number of options from Groupon and similar sites which can further reduce the cost can be availed by you. Alternately, Friends and family members could attend a wedding and also contribute to a honeymoon fund for the newlyweds.

                    Weddings are a great time to enjoy. You need to keep your advantages straight, Spend where it is necessary and matters the greatest while cutting unnecessary costs wherever you can. Make your day memorable at any place you wish to get married, Whether your backyard or a church or yacht club. Saving money which can be used later on, to make your finances is a great beginning to a wonderful future. Los Angeles based law firm Recovery Law Group can suggest you join finances with your spouse which is a matter of consultation and debate. For any queries related to debts, You should consult experienced attorneys.


                      *Are you more than 60 days past due on your mortgage?

                      *Do you own a home?

                      Are you currently working?

                      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                    • Possibility of Bankruptcy Relief – Marijuana Businesses?

                      Possibility of Bankruptcy Relief – Marijuana Businesses?

                      It is widely known that California has expanded its legitimacy to the California Marijuana business. Hence the question pops up whether the Marijuana or other licensed cannabis businesses will enjoy equal/ same rights under federal law as in the case of other California businesses. That’s is the not case and reading through the below will explain in detail the background of these businesses and how they are restricted from declaring bankruptcy in their businesses.

                      Cannabis businesses and the California Law

                      Since 1996, possession of a small amount of marijuana has been decriminalized. Also, medical marijuana has been legalized from the same year. By making recreational marijuana legal in California, the state has become the largest legal market in the country since last year. The Office of Administrative Law (OAL) in the state of California recently approves of certain regulations with regards to the Cannabis businesses. Even though these laws now make the operation clearer and are able to impart stability to the operating vendors, the cost of operating marijuana businesses has shot up significantly. Hence the California Cannabis businesses face several challenges economically and they include regulations related to packaging, high state and local taxes, supply chain issues and loss of the business due to illegal sellers in the market.

                      Because of the aforementioned challenges, the marijuana market is struggling and running a business is turning tougher than expected. Irrespective of being part of the community that grows marijuana, or distribute or have any role to contribute to the Cannabis sector, it is tough to declare bankruptcy due to operating constraints and start afresh.

                      Marijuana businesses and the Federal Law

                      Possessing or selling marijuana is still a violation under the Federal Law, Controlled Substances Act 21, U.S.C. 801 and this is notwithstanding additional state licenses. So in the eyes of federal law, this is still a crime (if you are in accordance with your California state rules and are operating state-licensed marijuana business). The body of Federal court is yet to pursue these businesses that run with the support of state rules and are still violating their law.

                      A memo released in the last year January by Jeff Sessions indicates that there could be a change in this too. But as of now, the marijuana businesses cannot seek bankruptcy relief since they violate the Controlled Substances Act (CSA) and this has been approved by the Office of the United States Trustee (the OUST). In addition, the OUST also takes the position that if anyone who is renting to a seller or a grower of marijuana is also violating the CSA. So take caution, if you are operating cannabis businesses under the state law or if you are renting to the dealers/ suppliers/ growers of marijuana – you cannot seek bankruptcy relief.

                      Further to Cannabis related Bankruptcy Restrictions

                      As per the Section 843(a)(7) of the CSA, “it is a federal crime to “manufacture” or “distribute” any “equipment, chemical, product or material which may be used to manufacture a controlled substance . . . knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance.” This was recently seen in the case of Way to Grow, Inc. who sought bankruptcy relief. The bankruptcy court in Colorado declined their petition even though, they were provisioning horticultural supplies to legalized marijuana businesses – this proved that the filers were also violating the CSA.

                      The court dismissed the case of Way to Grow, Inc. quoting that the filers cannot also make any further changes to amend the violations to the CSA as that would have adverse effects on the income that they are generating. This was a unique situation since the filing business was neither a grower/ supplier of marijuana directly nor were they renting the premises where the marijuana businesses ran. They were just merely supplying the equipment, that will help similar customers also grow other crops.

                      A different angle – where do the limits stop?

                      Another queer angle is seen with the Garvin v. Cook Investments case, where the bankruptcy trustee is not favoring a bankruptcy filing of a landlord who has leased the property to a tenant in the marijuana industry. This is a topic of debate where the power of the OUST and the court is questioned with regards to extending the restrictions of bankruptcy relief to beyond the distributors and sellers in the cannabis industry.

                      Working with bankruptcy attorneys from renowned firms such as Recovery Law Group will aid the process of seeking relief. They have the experience of dealing with clients of the varied portfolio in Los Angeles and Dallas.


                        *Are you more than 60 days past due on your mortgage?

                        *Do you own a home?

                        Are you currently working?

                        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.