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  • What Happens to Your Home in Chapter 13 Bankruptcy?

    What Happens to Your Home in Chapter 13 Bankruptcy?

    Individual debtors can opt for either Chapter 7 or Chapter 13 of bankruptcy. According to Dallas based bankruptcy law firm Recovery Law Group, Chapter 13 bankruptcy offers people to prevent foreclosure and also catch up on the arrearage through the repayment plan. If you wish to keep your home during and after bankruptcy, consult with expert bankruptcy lawyers at 888-297-6023 to discuss your case.

    Chapter 13 allows you to pay your debt entirely or some portion of it over a period of 3 to 5-years through a repayment plan. You can pay mortgage arrearage including interest while staying current on your mortgage payments to prevent foreclosure on the property. If your sole purpose of filing for bankruptcy is saving your home, there are other methods available. You can avoid foreclosure by negotiation with the lender and opting for “mortgage modification” programs of government.

    You can get rid of 2nd and 3rd mortgages through Chapter 13 bankruptcy California. In case the 1st mortgage is secured by the entire value of the home (due to reduced property rate), there no longer exists any equity for any subsequent mortgages. In such a case, these mortgages can be “stripped off” and recategorized as unsecured debts by the court. Under Chapter 13, debts are paid in this order: secured debts, priority debts and unsecured debts, with unsecured debts, sometimes not paid at all.

    Automatic stay

    Filing for bankruptcy puts a temporary halt on all collection actions including foreclosure and repossession. This takes place through the automatic stay provision. Once the repayment plan (with provision for paying off mortgage arrearage) is approved and confirmed by the court, the lender is bound by the agreement and cannot foreclose on the property. as long as you continue making regular payments towards the loans as per your bankruptcy plan, the automatic stay prevents any foreclosure action.

    In case, there is no provision to address mortgage arrears in your repayment plan, the lender can continue with foreclosure proceedings even after the court approval of your repayment plan. If you do not wish to keep your home as part of your bankruptcy, filing bankruptcy papers gives you some respite from foreclosure proceedings for several months. Moreover, bankruptcy judges provide debtors numerous chances to come up with a viable repayment plan. Since confirmation takes time, debtors get a long respite from foreclosure proceedings.

    An exception to automatic stay exists if you had previously filed for bankruptcy petition within the past 2 years during which the automatic stay was lifted on request of the creditor seeking foreclosure. In such a scenario, filing for Chapter 13 bankruptcy will not be able to stop foreclosure proceedings.

    Modifying mortgages

    Some secured debts can be modified in case the value of the property has reduced over time and is less than the amount owed by the debtor. In this case, cramdown option is available, which reduces the debt of the secured property to the market value and converts the remaining amount due to a nonpriority unsecured debt. However, there are certain limitations:

    • You cannot cramdown on your residence;
    • Cramdown is available for –
    – a mortgage in a multiunit building;
    – personal property loan other than your residence;
    – mobile home considered personal property;
    – the loan is secured by multiple collaterals (residence & business asset)

    Once the loan is crammed down, you need to pay off the entire amount through your Chapter 13 repayment plan. It can dramatically reduce your debts and make your repayment affordable, however, you should have the funds to pay the entire amount at the end of your plan.


      *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.

    • Impact of Chapter 13 on your credit score

      Impact of Chapter 13 on your credit score

      The credit score takes a solid beating when bankruptcy is filed in general. But the common question is to know which Chapter impacts the credit scores the most. The impact may also last for several years when bankruptcy is filed. Filing for bankruptcy under Chapter 13 is slightly more beneficial and lighter on your credit score, especially when compared to Chapter 7. If it is possible not to file for bankruptcy, that shall be the best option. To know if you need to file for bankruptcy or not, log on to Recovery Law Group to get a host of information and make the right decision

      What is the choice of a lender?

      The credit score impact is determined by the lender’s inclination towards the debtor choice. Most lenders have a slight inclination towards Chapter 13 filers. Unsecured debtors are likely to receive more portion of their debts when Chapter 13 is filed, hence, they always like Chapter 13 filers. This is quite reverse during the Chapter 7 bankruptcy. Unsecured creditors might end up receiving nothing out of the Chapter 7 bankruptcy and all their debt has to be written off. Also, the exemptions available under Chapter 7 are beneficial. A Chapter 7 bankruptcy can very less nonexempt assets for liquidation and recovery. Overall, the debt released or discharged is larger in Chapter 7. This is the primary reason why lenders do not seem to prefer Chapter 7 history debtors.

      On the other hand, with Chapter 13 3-5 years, there is an attempt by the debtor to pay off the maximum chunk of secured as well as unsecured debts. Until unless the claims are valid and well supported with a proof, the debtor ends up paying off a good chunk of debts. This makes it favorable for a lender and hence, Chapter 13 is the lender’s choice.

      Credit score impact

      Filing of bankruptcy is usually the last choice. If you are considering filing bankruptcy, you must have been struggling with delayed or missed payments from some time now. This has already impacted your credit score significantly negatively. Filing of bankruptcy will only prevent further damage to this already impacted credit score. But, if your credit score is high and you choose to file bankruptcy, the impact will be huge too. There can be a drop of about 100 points depending on circumstances on an average once you file for bankruptcy.

      The formula used to calculate or estimate credit score is very different. Different agencies use different formulae and are reluctant in disclosing the same. Filing bankruptcy via Chapter 13 or Chapter 7 has an almost equal negative impact on the credit score. But, as realized earlier, Chapter 13 filers might have some edge for future, if they are to avail any sort of credit in future after filing bankruptcy previously.

      Availing credit after filing bankruptcy

      The Chapter 13 payment plan lasts for about 3-5 years. During this period, the filer is prohibited from taking any additional credit. This is one of the biggest flaws of Chapter 13 as during an illness, or major breakdown or any other such circumstances, you just cannot avail any sort of credit during that period. The bankruptcy court understands certain situations wherein additional credit can be necessary, for this to be allowed, your attorney might have to pass a motion in the court, which shall allow you to workout with some creditors that facilitate credit to even people in Chapter 13 bankruptcy payment plan.

      Availing credit after bankruptcy will cost big. High-interest rates and a lot of paperwork is common if you try to avail credit after bankruptcy. It is key to enter a stabilized financial situation and then take credit only if necessary. Once, you start availing credit and paying it off in right times, the credit score as well as interest seems to improve with time. There is not much difference in this improvement between a Chapter 7 or Chapter 13 bankruptcy filer California. However, in crunch time, Chapter 13 filers are bound to get a slight advantage over Chapter 7 filers.

      Credit score reporting corrections

      It is a good practice to verify the credit reports. After filing bankruptcy some of the debts might still be listed as ‘unpaid’, which can negatively influence the credit eligibility in the future. Also, the debt released should be appropriately reported as ‘included in bankruptcy’ and not ‘dismissal’. For understanding your credit report or to know more about bankruptcy or the Chapters, call 888-297-6203 now and address all your questions from in-house experts.


        *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 Determine Chapter 13 Bankruptcy Eligibility?

        How to Determine Chapter 13 Bankruptcy Eligibility?

        Chapter 13 can be a very good option for many people, especially those who are struggling to keep up their assets intact even after filing bankruptcy. However, not all filers are eligible to apply for Chapter 13 bankruptcy code. There some basic requirements to be eligible for filing under Chapter 13. These can be listed as follows-

        • No lag with respect to income tax filing whether federal or state
        • The debt is within the predefined threshold
        • Should be employed or should have some income source to fund the payment plan to be determined under Chapter 13
        • Should be an individual and not a business. The sole proprietor is an exception as all business accounts are merged into the individual’s account for bankruptcy purposes

        What has the income tax filing got to do with my eligibility?

        The income tax filing is a very basic requirement as people evading state and federal tax liability are not regarded with great respect in the eyes of law. The income tax filing for state and federal has to be current. Also, there should be a clean history with respect tax filing for the last 4 years from the date of filing for bankruptcy. If you are not current with respect to the last 4 years, you can get current as soon as possible and present the same to the court in order to prevent your case from being dismissed. To know more about getting current and getting eligible for Chapter 13, log on to Recovery Law Group .

        What does “Source to fund the Chapter 13 payment plan” mean and include?

        Chapter 13 is a fixed payment every month for a specific time period up to 5 years to repay as much of debt possible. This fixed monthly payment needs to be sourced appropriately and has to be some income, which over and above, basic expenses. The additional income or disposable income can be sourced from multiple avenues as listed below-

        • Salary or wages may be regular and/or seasonal
        • Self-employment income
        • Commissions / Incentives that are related to job/employment a more permanent or consistent in nature
        • Social security and pension
        • Disability/worker’s compensation benefits
        • Welfare / Unemployment benefits
        • Any child support or alimony received
        • Rents and Royalties
        • Proceeds from the sale of assets like real estate, particularly if your nature of business involves sale and purchase of assets
        • The income of spouse, if married

        The basic requirement for the income source to qualify is that it should be consistent and over and beyond the basic necessities. There should be some disposable income that could be diverted to Chapter 13 payment’s plan.

        Benefits, flaws, and restrictions for Chapter 13

        Benefits are very clear, if you are not eligible for Chapter 7 bankruptcy or if you wish to safeguard all or most of your assets, this is the best alternative available. Also, the credit score improvement can be slightly easier with respect to Chapter 13. The major flaw is with respect to the debt threshold. If your debt is beyond that threshold you won’t be eligible for Chapter 13. Also, with businesses not able to consider this Chapter, it holds no good even for stockbrokers and commodity traders. Stock and commodity traders are restricted from using Chapter 13 even if they want to release their personal debts.

        Procedure for filing Chapter 13

        The basic requisite as a procedure for Chapter 13 is to disclose all information, with respect to your current financial condition, in the most accurate form possible. Expenses, income, lenders, assets, recent transactions, etc., all have to make a detailed appearance in the bankruptcy documents. You need to take a counseling course that will teach you to manage finances better and pay a filing fee along with the documents package to begin the bankruptcy filing under Chapter 13. Under most circumstances, you get 2 weeks or 14 days to submit for a repayment plan unless and until the timeline is revised by the court. Documentation and procedure always require consultation and expert advice. When you have all that with just a phone call, why wait and waste time then. Dial in +1 888-297-6203 now.


          *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.

        • Real Property and Bankruptcy

          Real Property and Bankruptcy

          Filing of bankruptcy requires the filer to list the real properties he/she owns or possesses. This is done to assess the seriousness of bankruptcy and various other financial aspects to resolve the issue in the best possible manner. The ownership or interest has to be disclosed in legal language which can often be tough. To learn more about world-class attorneys and some interesting bankruptcy and related topics, do check out Recovery Law Group. Owning, possessing, having an interest, etc., are different terms associated with property ownership. There can be different ways of holding a property. The most common ways can be listed as follows-

          1. Fee Simple

          Fee simple is a common ownership form that entitles you outright ownership rights like selling, transferring, altering, etc. Even if there is a home mortgage for a home and you have full right to sell, transfer to your future family or make alterations to it, the property ownership shall be regarded as fee simple. A fee simple type of ownership might be owned by several people or tenants jointly.

          1. Life Estate

          A Life Estate is basically an asset which can be used or held only during the lifetime of an individual. Basically, such an asset is exhausted with the death of the user and cannot be transferred to his/her heirs. Such an asset cannot be sold or given away too. The asset shall be passed on to another person or institution as per the Will or agreement that brought you the life estate asset. This is common amongst surviving spouses who receive assets from trusts after the death of the other spouse.

          1. Future Interest

          A future interest as the name suggests is a kind of benefit or an asset that is available in some time during the future. This is usually seen in case of young individuals whose parents, set up an irrevocable trust which yields assets only after a specific tenure or eligibility is attained. However, it is important to note that a promise made in a will or any such instrument that can be altered or modified later is not regarded as a future interest.

          1. Contingent Interest

          Contingent interest is also a future interest which has certain terms and conditions attached to it. There is an addition of some tasks or clauses that need to be accomplished in order to ascertain the asset or the benefit on offer. For instance, Jack sets aside a future interest of asset worth $10,000 if Brian marries before the age of 27 years. In this scenario, if Brian marries before age 27, he gets $10,000. If he plans to remain single, he loses the $10,000. Both Jack and Brian in this scenario are holding a contingent interest.

          Details to be disclosed

          While doing the paperwork related to bankruptcy, it is important to list some important information alongside the real property interest held. Some important details that should make way can be listed as follows-

          • Address and type of property
          • Describing the interest in property whether it is a spouse or any other family member
          • The fair market value of the property
          • The kind of ownership

          Some other terms to learn with real property

          It is always good to know some smart and commonly used legal terms. Some of them relating to real property can be listed as follows-

          1. Lien Holder

          Lien holder is a person who can exercise right on a property if the debtor defaults and fails to make payments consistently over a period of time. This is usually listed out in a mortgage agreement, judgment lien, or a trust deed. This is also a real property interest and should be disclosed.

          1. Easement Holder

          Easement Holder is basically a type of right that gives you power or authority to use the property along with another institution or an individual who is the owner of the property. This also has to make way to the official documents of bankruptcy.

          1. Power of Appointment

          If you have the right to transfer, sell or represent on behalf of someone else for a particular property or an asset as per a will or an agreement, it is referred to as the power of appointment. This also has to be reported while filing for bankruptcy.

          1. Beneficial Interest

          This type of interest is commonly seen in real estate transactions. There is a binding real estate agreement granting ownership. This gives ownership to the buyer after completing all the sale formalities. For instance, you might still own a beneficial interest for an escrow pending property.

          These are some of the not so easy things digest and interpret. There are many aspects that get far more complicated and technical. To help resolve your queries better and address your problems, our team of professional, skilled and experienced attorneys in California is just a phone call away. Dial 888-297-6203 right now!


            *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.

          • Mortgage Foreclosure in California

            Mortgage Foreclosure in California

            It takes significant effort and hard work to be able to afford a home mortgage in California. The news across Roseville which is about loan foreclosing is very saddening. The thought of losing home can be worrying for anyone. Residents despite several efforts are not being able to safeguard their home due to mortgage foreclosure in Roseville, California. To know more about mortgage, secured/unsecured loans and other important financial aspects, log on to Recovery Law Group for complete a to z knowledge.

            Types of home mortgage and lien

            Even millionaires and billionaires have a mortgage for their homes as affording a home in California is not an easy task. Accumulating thousands of dollars at once is not at all easy. People with a home mortgage will definitely agree with that. While some people take up a higher percentage of home mortgage and a lower percentage of down payment, the rich ones might just opt for the reverse if they have liquid funds in their hands. The second method to avail home loan is to buy offering equity in the home after the purchase of the home. No matter if you choose the first one or the second one, there is bound to be a lien for the lender/creditor on your home. Lien is a right to liquidate or acquire the asset in case the debtor has defaulted or is not even in a position to pay off the debts.

            Types of foreclosures

            If the debtor fails to make timely advances to the home mortgage lender, the lender has the authority to foreclose the mortgage loan. Foreclosure results in selling of home and clearing of dues for the lender. There are basically two types of foreclosures commonly seen in case of a home mortgage-

            • Judicial Foreclosure

            As the name suggests, judicial foreclosure refers to a judicial clause being implemented. Every home mortgage has an agreement and power-of-sale clause attached in the trust deed document. This is activated when the debtor defaults on multiple payments. The court-appointed trustee usually sells the home and facilitates the proceeds of the home to the lender.

            • Nonjudicial foreclosure

            Nonjudicial foreclosure is an out of court sort of settlement which is the desired one by most lenders as it is less costly and quicker. The lender usually takes over the home and either use it or auctions it to get his/her debt recovered.

            How to prevent unauthorized nonjudicial foreclosure?

            The nonjudicial foreclosures are being forced upon the Roseville home residents is really shocking. Most residents do not know their rights and are being tricked into quick foreclosures and auctions of their residence. In order to better equip you, we shed some light on your rights if the lender tries to foreclose your home mortgage nonjudicially-

            • Firstly, the lender cannot simply initiate foreclosure, he has to connect with the resident, discuss and evaluate his/her financial situation
            • Even after the first step, the lender has to wait for at least 30 days, to begin with the process of foreclosure. During these 30 days, you can consult an attorney, decide on viable ways to address the situation, negotiate and find a solution to protect your home.
            • Also, if your home mortgage agreement is void of any power-of-sale clause, the lender then has to consider the judicial foreclosure option only as the nonjudicial foreclosure can be illegal.

            Judicial foreclosure is pretty uncommon in states like California due to the high cost of litigation, time and fees. However, judicial foreclosure can prove beneficial in 2 ways for the resident debtor. Those ways can be listed as follows-

            1. The debtor or home resident has the option to repurchase the home during the auction.
            2. The California state regulations allow also make way for a repurchase of the sold home from the successful bidder up to a time frame of one year.

            There are several other rules and laws that when considered can prove beneficial for a debtor or a lender in different ways. A qualified attorney can certainly be of great help!

            Bankruptcy and home mortgage

            Under most circumstances, a home can be preserved when filing a bankruptcy. It can be even more so in the case of Chapter 13 bankruptcy. By use of tactical exemptions, one can also prevent home mortgage under Chapter 7 bankruptcy California too. You just need the right advice to safeguard your residence from foreclosure. It isn’t far away either. Dial 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.

            • Difference Between Chapter 7 and Chapter 13 Bankruptcy

              Difference Between Chapter 7 and Chapter 13 Bankruptcy

              Individuals can file for bankruptcy under chapter 7 or chapter 13. There are differences in the way these two chapters function. Bankruptcy attorneys of Dallas based law firm Recovery Law Group, highlight some of the common differences between the two chapters. This is essential for people to know which chapter would work best in their situation.

              Chapter 7 Bankruptcy

              This is also known as liquidation bankruptcy and is used to wipe out unsecured debts like credit card and medical bills. People whose income is less than the state median can file under this chapter. Filing for bankruptcy ensures that any collection actions like wage garnishment etc. are put on hold due to the automatic stay. The bankruptcy filer’s property is assessed and divided into the exempted and non-exempt property. The non-exempt property is used to pay back your creditors. In case there are no non-exempt assets, the creditors get nothing. This type of bankruptcy can also help people whose discharged debts are more than the value of the non-exempt property sold. Also, the trustee can use the proceeds of non-exempt property sale to clear non-dischargeable debts like income tax or alimony support.

              Chapter 13 Bankruptcy

              People who fail to qualify for chapter 7 bankruptcy have the option of filing for chapter 13 bankruptcy California . This bankruptcy chapter is also known as the wage earners plan and is for those debtors who have a regular income. The bankruptcy filer’s disposable income, assets, and debts are considered to come up with a repayment plan through which a portion of the debts is paid off every month for a period of 3 to 5 years. This chapter helps you catch up on any mortgage payments you missed, or completely get rid of unsecured junior liens from your home.

              You also get to keep all your property including non-exempt ones after paying unsecured creditors, an amount equal to the value of non-exempt property. You can payback all or some portion of your debts through the repayment plan. This chapter can help people get debt relief, prevent wage garnishment, foreclosure, litigation against them, or lower credit card payments. People can pay off their non-dischargeable debts like child support arrears over a period of 3 to 5 years and catch up on missed car or house payments to keep their property.

              In case you are considering filing for bankruptcy and are confused which chapter will work best for you, you can call 888-297-6023 to get free bankruptcy consultation. Here are some key differences between the 2 chapters:

              Chapter 7 Chapter 13
              Type of Bankruptcy Liquidation Reorganization
              Who can file? Individuals and business entities Only for individuals and sole proprietors
              Eligibility criteria Disposable income low should pass the means test Unsecured debt should not exceed $419,275 and secured debt should not be more than $1,257,850
              Timing of discharge Usually 3-4 months On completion of the repayment plan (3-5 years)
              Fate of property Non-exempt property is sold off by the trustee to pay creditors Can keep all property but pay an amount equal to the non-exempt property to unsecured creditors
              Is lien stripping allowed? No Yes, if the requirements are met
              Is principal loan balance on secured debts reduced? Yes, in case of tangible personal property only Yes, if all requirements are met
              Benefits Quick discharge of qualifying debts Can keep all property, catch up on missed payments (car, mortgage, and other non-dischargeable priority debts
              Drawbacks Non-exempt property is sold off by trustee; cannot catch up on missed payments to prevent repossession or foreclosure Continue making payments to the trustee as per repayment plan for 3-5 years duration; might have to pay back some general unsecured debts

               


                *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.

              • Know More about California Bankruptcy Exemptions

                Know More about California Bankruptcy Exemptions

                Bankruptcy filers can make use of federal and state exemptions to protect their assets. However, choosing between them is confusing. Some states like California do not allow citizens to choose federal exemption but offer two different sets of exemptions to protect your property during bankruptcy, say Lawyers of Los Angeles based bankruptcy law firm Recovery Law Group. To know more about California’s bankruptcy exemptions, call 888-297-6023.

                Bankruptcy exemptions in California

                Amongst the two sets of exemptions provided by the state of California, System 1 is preferred by debtors with substantial home equity, while System 2 is preferred by debtors who have valuable property other than home equity. It is important to know that double exemptions are not available to married couples filing for a joint bankruptcy in California.

                Objections can be raised by the bankruptcy trustee to your exemptions and you might end up losing the property if you aren’t careful. You need to list your protected assets on form Schedule C along with other official bankruptcy papers to keep your exempt property. Schedule C is reviewed by both court-appointed official and the bankruptcy trustee to ensure that the claims in the papers agree with the exemption set. In case it is not the case, an objection is filed in court with the judge deciding whether you can keep the property or not.

                Trustees generally object in case a debtor is trying to fraudulently get some of their assets exempted. If a minor exemption problem is encountered, then an informal arrangement can be made to rectify it. supplying factually incorrect financial statements in a bankruptcy case can have serious implications. Bankruptcy fraud is a punishable offense with a fine of $250,000, 20 years prison term or both.

                Exemption system 1 of California

                The exemptions are updated every three years to factor in rising inflation. The various exemptions in this system include:

                1. Homestead

                Some amount of equity in your primary residence can be protected. This covers a community apartment, mobile home, stock cooperative, planned condominium or boat. The amount of equity you can cover is up to $75,000 for single and not disabled individuals; $100,000 in case of a family; $175,000 if you are 65 years or older or are physically or mentally disabled; $175,000 if creditors are forcing the sale of your home and you are either 55 or older, single and earning $25,000 per year; or are 55 or older, married and earning $35,000 per year.

                1. Motor vehicle

                You can protect $3,325 worth of equity in motor vehicle exemption which includes motorcycle, car, truck or any other vehicle.

                1. Personal property
                • Household items and personal belongings;
                • The residential building material for repairing home up to $3,500;
                • Jewelry and heirlooms including art up to $8,725;
                • Health aids;
                • Bank deposits due to Social Security payments up to $3,500 for a single payee and $5,250 for husband and wife payees;
                • Bank deposits from other public benefit source up to $1,750 for an individual and $2,600 for husband and wife payees;
                • Cemetery and burial plots;
                • Personal injury and other claims which are essential for support.
                1. Wages
                • Public employee vacation credits (minimum 75% in case payments are made in installments)
                • 75% of wages paid within 30 days prior to a bankruptcy
                1. Pensions and retirement accounts
                • IRAs and Roth IRAs limits;
                • Public retirement benefits;
                • Tax-exempt retirement accounts including 401(k)s, 403(b)s, SEP and SIMPLE IRAs, profit sharing and money purchase plans, etc.;
                • Public employees
                • County employees
                • County fire fighters;
                • County peace officers;
                • Private retirement plans and benefits like Keogh and IRA.
                1. Public benefits
                • Public assistance benefits;
                • Student financial aid;
                • Workers’ compensation benefits;
                • Relocation benefits;
                • Unemployment and disability benefits;
                • Union benefits as a result of labor
                1. Tools of trade

                Any tools which are essential for you to continue your job/livelihood are exempted up to $8,725 or up to $17,450 if both spouses, in the same profession use them. These include books, instruments, equipment, tools, materials, implements, uniforms, a commercial vehicle, and furnishings.

                1. Insurance
                • Unmatured life insurance policy up to $13,975 or a matured life insurance benefits of unlimited value;
                • Fidelity bonds;
                • Life insurance policy in case policy specifically prohibits its use to pay off creditors;
                • Disability or health benefits;
                • Homeowners’ insurance for 6 months after received, up to the amount of homestead exemption.
                1. Miscellaneous
                • Trust funds up to $1,600;
                • Business or professional licenses;
                • Property of business partnership.

                Exemption system 2 of California

                This system can be used only in bankruptcy and does not work to compensate creditors outside of bankruptcy and includes:

                1. Homestead

                You can have an equity of $29,275 in a personal property which can be used as a residence.

                1. Motor vehicle

                Up to $5,850 equity in motor vehicles is exempted.

                1. Personal property
                • Health aids;
                • Jewelry up to $1,750;
                • Burial plot up to $29,275 in place of homestead exemption;
                • Wrongful death recoveries essential for support;
                • Household goods, clothing, appliances, animals, books, furnishings, musical instruments, and crops up to $725 per item;
                • Personal injury recoveries up to $29,275.
                1. Pensions and retirement
                • ERISA-qualified pension, annuities, and benefits essential for support;
                • Tax-exempt retirement accounts including 401(k)s, 403(b)s, money purchase and profit-sharing plans, SEP and SIMPLE IRAs, and defined benefit plans;
                • IRAs and Roth IRAs with limits.
                1. Public benefits

                Crime victims’ compensation, unemployment compensation, Social Security, Veterans’ benefits and public assistance.

                1. Tools of trade

                Any books, tools, and implements essential for a job up to $8,725.

                1. Alimony and child support

                The amount essential for the support of spouse and child.

                1. Insurance
                • Unmatured life insurance policy;
                • Unmatured life insurance accumulated interests, dividends, loan, cash or surrender value up to $15,650;
                • Disability benefits;
                • Loss of future earnings payments essential for support.
                1. Wildcard

                $1,550 apart from any unused burial or homestead exemption in any property. In case no homestead exemption is used, up to $30,825.


                  *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 protect important assets during bankruptcy?

                  How to protect important assets during bankruptcy?

                  Bankruptcy is an unfortunate financial condition and safeguarding or holding on to some near and dear assets can be a very difficult task. Chapter 7 bankruptcy code especially is not very suitable for people who want to hold on to their assets. However, with the help of exemptions, certain ordinary and modest assets can be protected and prevented from the liquidation process. These may include clothing, home, car, household stuff, tools used in the business/profession, etc. To learn more about bankruptcy codes, log on to Recovery Law Group now. The exemptions can help in protecting the assets which you might not be able to safeguard otherwise during bankruptcy. One such exemption is the wildcard exemption.

                  What is the Wildcard Exemption?

                  Wildcard exemption tries to value sentimental and emotional feelings in addition to basic necessities. The best examples could be some of your sports collections, fan collections, grandmom or ancestral property attachment like a piano or some other asset with a financial value that can be tagged with sentiments or emotions. While every state differs slightly in the type of exemptions they offer, other states might provide a choice between the federal and the local state exemptions. There is no possibility of mixing and matching what you like or do not like though.

                  Different type of exemptions and their thresholds

                  Most exemptions under Federal or state rule are targeted to specific assets. Here is a look at some federal exemptions with their threshold to better understand what assets could potentially be safeguarded-

                  ·         A $25,150 equity in the personal residence

                  ·         A $4,000 of equity in a motor vehicle or an automobile

                  ·         $13,400 worth fair market value of household goods that include clothing, furnishing, appliances, etc. There is a cap of $625 per item. Which means any one item cannot exceed $625 in the cumulative of $13,400.

                  ·         $2,525 worth tools and equipment used in business or profession.

                  These amounts are valid until 2022. They are bound to change every 3 years based on inflation and other factors. The state exemptions might be slightly higher or lower to the federal exemptions depending on the cost of living and inflation in the particular state. For instance, it can be high for a state like New York while it can be lower for a city like Dallas in Texas. However, by the federal standard, the bankruptcy filer can get a rough idea of which assets, he/she will be able to protect under these exemptions.

                  Benefits of Wildcard Exemption

                  The biggest benefit of wildcard exemption is that it is not been limited to any specific type of asset. The choice of property is left to the discretion of the user. The user can decide on whether to use it in his car, expensive painting, jewelry, etc. The other benefit is you can split the threshold amount to multiple assets as per your convenience. The below items can be safeguarded under wildcard exemption rule-

                  ·         Jewelry

                  ·         Spouse and child support

                  ·         Automobile

                  ·         Residential home equity

                  ·         An ERISA verified retirement account

                  ·         Any other justifiable non-luxury asset

                  What is the threshold?

                  Most states use the federal exemption threshold which offers an individual an exemption of $1,325. The additional unused amount of $12,575 in the federal homestead exemption can also be clubbed with the $1,325. This threshold doubles up for a married filing joint scenario. The state exemption might vary slightly from the federal exemption. You might still want to confirm the same. Look into some additional terms in the state rule book of select states for using certain exemptions like the wild card exemption. Get in touch with the best attorney in California for your bankruptcy help at 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.

                  • Bankruptcy and Assistance of Attorneys

                    Bankruptcy and Assistance of Attorneys

                    Debt is never a great idea but sometimes, it becomes inevitable. When the interest mounts up with debt, there looks to be no way forward. If we consume more debt than we can repay, it becomes a crushing situation. U.S Bankruptcy code is certainly the last hope that can save your boat from drowning. This code has been set up to protect honest and hardworking people from a vicious cycle of debt. The code sets free businesses or individuals by releasing the debt/liability after educating them and by following a legal process of settling as much debt as possible. If you are unable to determine if you should file for bankruptcy or you shouldn’t, consider visiting Recovery Law Group to clarify all your questions about bankruptcy and how to make the right decision.

                    Broad reasons for bankruptcy

                    The reasons for bankruptcy can be many. Some are forced while others are just reckless financial management and indecision. Forced reasons could include medical costs, sudden loss of a job, pay cut, divorce, business failure, etc. While the financial reckless or indecision includes spending or buying luxury items from a credit card or pay day loans. Spending excessively or availing more loans beyond the ability to sponsor the EMI with the paycheck. Unplanned retirement can also be one of the reasons where you find out your expenses are way higher than the social security benefits and savings.

                    Businesses have different sets of reasons. These can be classified into two types. Internal reasons could be equipment failure, change in management, poor planning/forecasting, inefficiency, lack of investment, etc. External reasons are usually uncontrollable reasons like fluctuation in the currency market, government policies, increased taxes, increase in competitors, etc.

                    Basics of Bankruptcy Chapters

                    Bankruptcy can be filed across different chapters. There are different thresholds, eligibility criterions, advantages/disadvantages of each Chapter. There is no perfect way of determining which Chapter is best as it varies on a case to case basis. For an individual Chapter 7 might be appropriate while for the other person, Chapter 13 might be a better alternative. To seek the best solution on what suits you or your business, reach out to some of the best attorneys in town at 888-297-6203 now!

                    • Chapter 7
                    Chapter 7 is a bankruptcy code which is available for qualifying individuals as well as businesses. This is also referred to as a liquidation Chapter because it is all about liquidating the assets to pay out the debts on the basis of priority. The court has exemptions and other regulations that allow it to classify exempt and nonexempt assets. The nonexempt assets are auctioned, sold, or disposed by the bankruptcy trustee on behalf of the creditor. The common misconception about Chapter 7 bankruptcy California code is that a business or the person might lose all assets when filing Chapter 7 bankruptcy. However, it isn’t true. Using various exemptions and other settlement alternatives, businesses or individuals can safeguard their non-luxury assets.

                    • Chapter 11
                    Chapter 11 is similar to Chapter 13 but is available for businesses as well. It is pre-dominantly used by corporates and businesses. But it can be used by individuals who have many complex transactions and do not qualify for Chapter 13. The fee for Chapter 11 is slightly higher and it deals with putting forward a plan to settle the debts in the near future. On the basis of the proposed plan, the debt is restructured.

                    • Chapter 13
                    Chapter 13 is a future-oriented payment plan that has certain debt type thresholds for eligibility. It is a plan that focuses on debt settlement based on the disposable income available for the filer in the future 3-5 years. This ideal for home mortgage bankruptcy filers and other filers who had like to retain most of their assets.
                    Still confused on what you should do, which Chapter, is bankruptcy ideal for me, if yes when now or later? These are some common questions that keep revolving in a financial crisis situation. Seek professional help and let them take over all your troubles and concerns. Dial in 888-297-6203 now for the right answer!


                      *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.

                    • Which Property is Exempted in Chapter 7 Bankruptcy under California’s Bankruptcy Laws?

                      Which Property is Exempted in Chapter 7 Bankruptcy under California’s Bankruptcy Laws?

                      While filing for bankruptcy is one of the ways to get ahead of the huge number of dues you have, people are often confused regarding what property they can keep. Since, effectively, bankruptcy is a method to allow people struggling with debt a chance to get a fresh financial start, federal and state exemptions are available in order to protect a bankruptcy filer’s property. while most states allow people to choose between federal and state bankruptcy exemptions, Los Angeles based bankruptcy law firm Recovery Law Group inform that California does not do so. Any person who has lived in California for two years can choose from either of the 2 sets of the exemption provided by the state of California. In case, you shifted to California recently, your state of residence 180 days prior to shifting will determine which bankruptcy laws to follow.

                      Consumers can file bankruptcy under either Chapter 7 or Chapter 13. Your entire property becomes part of the bankruptcy estate which is evaluated by a bankruptcy trustee. The assets are sorted (based on which exemption set you have chosen) into the exempt property and non-exempt property. your non-exempt property is used to pay off your creditors in case of Chapter 7, while your monthly repayment plan is devised using the amount of non-exempt property you have. Exemption laws are designed in a way to leave some assets with the debtor for them to make a fresh start. Any exemption in an asset is taken in terms of equity or ownership of the person. Equity is calculated as the amount to be given to the owner if the asset is sold after paying off liens.

                      Bankruptcy exemption system in California

                      Needless to add, bankruptcy with several laws and confusing paperwork can be quite confusing for a person already struggling with financial woes. Connecting with specialized bankruptcy lawyers at 888-297-6023 and discussing their case can make them aware of the various exemptions which can help them during bankruptcy proceedings. The state of California has to bankruptcy exemption systems. A debtor can choose either of the two depending on what assets they want to save.

                      System 1 of California Bankruptcy Exemptions

                      Most common system of exemption used, it is also known as “Homestead Exemption” because it protects the equity in the home. A list of assets exempted under this is provided by the California Code of Civil Procedure (C.C.P. § 704). Married couples can double some of the exemptions if they file jointly, however, there is a permissible limit to the exemption up to a dollar amount. The exemptions in this system include:

                      1. Homestead:Equity in home up to $75,000 for a single person (under 65 years of age); equity in a home for a married couple of up to $100,000; and equity in a home up to $175,000 for those over 65, disabled, or low-income persons over the age of 55.
                      2. Motor Vehicle:Up to $3,050 equity may be applied to motor vehicles.
                      3. Insurance:Unmatured life insurance policies are totally exempt, however, the loan value of these policies is exempt only to $12,800.
                      4. Health Aids:Those which are necessary for the debtor or his or her spouse or dependent to work or keep good health, including prosthetic and orthopedic appliances, are completely exempt.
                      5. Building Materials or Home Maintenance:Up to $3,200 in materials that, in good faith, are about to be applied to the repair or improvement of a residence.
                      6. Jewelry, Heirlooms, and Art:Up to $8,000 (even in case of joint bankruptcy).
                      7. Food, Clothing, Appliances, and Furnishings:Items which are ordinarily and reasonably essential, and personally used by, the debtor or members of his or her family are exempt, however, any item having “extraordinary value,” is not exempted.
                      8. Wages:Up to 75% of wages earned 30 days prior to filing for bankruptcy.
                      9. Pensions:Public and private retirement accounts are exempt.
                      10. Public Benefits:Unemployment and disability benefits, public assistance benefits, workers’ compensation, and student financial aid are completely exempt.
                      11. Tools of Trade:Various tools, instruments, implements, materials, furnishings, uniforms, books, equipment, one commercial motor vehicle, one vessel, and other personal property used in a trade or business are exempt to $8,000. In a joint bankruptcy, if both spouses are in the same occupation, the limit is $15,975. (The commercial motor vehicle is limited to $4,850, or $9,700 if both spouses are in the same occupation.)

                      System 2 of California Bankruptcy Exemptions

                      For people who have less home equity, this is the better option. This exemption system is also known as “Wildcard Exemption” or “703 System” (C.C.P. § 703). With this set of exemptions, the miscellaneous property can be protected up to a specified dollar amount. This system can be used to protect property only in bankruptcy. It is also important to note that doubling is not allowed in this system. exemptions included in this case are:

                      1. Homestead:The debtor’s equity in his or her residence up to $26,800.
                      2. Miscellaneous Property (“Wildcard Exemption”):This exemption can be used for any property up to a limit of $1,425, plus any unused amount from the homestead exemption (for a total of $28,225 if the homestead exemption is not used at all).
                      3. Motor Vehicles:Up to $5,350 total may be applied to one or more motor vehicles.
                      4. Jewelry:Up to $1,600 for jewelry used primarily for personal, family, or household use.
                      5. Insurance: All unmatured life insurance contract owned by the debtor is totally exempt, except for a credit life insurance contract. However, any accrued dividend or interest under, or loan value of, an unmatured life insurance contract is exempt only up to $14,325.
                      6. Pensions:Tax-exempt retirement savings accounts (e.g., 401(k)s, 403(b)s) are completely exempt under federal non-bankruptcy law (i.e., notwithstanding the unavailability of federal bankruptcy exemptions in California); IRAs and Roth IRAs are exempt under federal non-bankruptcy law up to $1,283,025.
                      7. Public Benefits:Disability and unemployment benefits, veterans’ benefits, workers’ compensation, aid to elderly or disabled, and crime victims’ reparations are totally exempt.
                      8. Tools of Trade:Implements, professional books, or tools of the trade are exempt up to $8,000.

                      To a layman, there might not be much difference in the two exemption sets, however, a skilled bankruptcy lawyer California can suggest which one is going to help save most of your assets when you 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.