Tag: bankruptcy lawyers California

  • Which is the Largest American City to File for Bankruptcy?

    Which is the Largest American City to File for Bankruptcy?

    Call: 888-297-6203

    Stockton in California has earned the dubious distinction of becoming the largest city in America to enter bankruptcy. The cause of this misfortune was the housing bubble burst. Stockton is home to nearly 300,000 residents who had borrowed a huge amount of money in the early 2000s since they were expecting huge returns from property tax revenues and long-term developers’ fees. However, all of this was lost because of extensive foreclosure across the city in the mid-2000s. This resulted in a 70% decrease in the tax base of the city.

    Los Angeles based bankruptcy law firm Recovery Law Group elaborates that Stockton owes a staggering $900 million debt to California Public Employees Retirement System (CalPERS). They, however, ensured that the pensioners didn’t suffer. Stockton neglected all other debts but stayed current on the pension payments. However, the bankruptcy judge left open the possibility of renegotiating the city’s obligation to CalPERS. This has come as a rude shock to the residents of Stockton who were relying on their government to help them in bad financial times.

    In case you find yourself in a financial mess, do not hesitate to call 888-297-6023 to schedule an appointment with best bankruptcy attorneys California for consultation on your case.


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

      *Do you own a home?

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      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.

    • Can Bankruptcy Be Removed from Your Credit Report?

      Can Bankruptcy Be Removed from Your Credit Report?

      Call: 888-297-6203

      People having trouble in managing finances often resort to bankruptcy. It is the last solution to deal with excessive debt which is quite difficult to pay back. Despite getting rid of a huge amount of debt, bankruptcy can have a negative effect on your credit rating. People find it difficult to get a loan, credit card, and even job once they have filed for bankruptcy. According to Dallas based bankruptcy law firm Recovery Law Group lawyers, bankruptcy remains on your credit report for a period of seven to ten years (from the date of filing) depending on the chapter of bankruptcy filed.

      • In the case of Chapter 7 bankruptcy Dallas, since no debts are repaid, the bankruptcy remains on records for 10 years.
      • In Chapter 13 bankruptcy, some amount of debt is repaid over a period of 3-5 years and thus, this type of bankruptcy is deleted after seven years from the filing
      • All accounts included in bankruptcy chapters remain on credit report for seven years. Accounts that were delinquent prior to bankruptcy filing will be deleted after seven years from the original delinquency date, while those that were current at the time of bankruptcy filing will be removed, seven years from the filing

      It is therefore important for people to regularly check their credit report for any discrepancy. Any account included in the bankruptcy should automatically be deleted after the specified time frame. In case this is not the case, you can ask the credit reporting company to rectify the mistake. Hiring an adept bankruptcy lawyer can be a huge asset for your case. If you wish to 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.

      • What is No-Asset Chapter 7 Bankruptcy?

        What is No-Asset Chapter 7 Bankruptcy?

        While the Chapter 7 is known as the bankruptcy code which sets off debt from the liquidation of assets, it can be surprising to learn about No-Asset Chapter 7 bankruptcy. It could be even more surprising to note that most of the Chapter 7 bankruptcy California cases are No-Asset cases. The no-asset case is a scenario where, the filer does not give in any asset or cash to the bankruptcy trustee for liquidation. The filer instead keeps possession of all the assets, he/she owns. The lenders or creditors will not expect any proceeds or debt settlement, as there would not be any since, the filer has no assets to give in to the bankruptcy trustee.

        What is the core of Chapter 7 bankruptcy?

        Chapter 7 classifies all assets held into two types. One is exempt and the other one is nonexempt. The nonexempt assets are given up for liquidation and their proceeds are used to settle the debts of the lender. Exempt assets are assets which are of basic necessity and have various codes and sections wherein they shall be exempt against the Chapter 7 bankruptcy procedures. These assets need not be given up during the Chapter 7 bankruptcy course. To know if your asset is exempt or non-exempt as per your state exemptions, log on to https://bankruptcy.staging.recoverylawgroup.com/.

        How can a case turn into No-Asset case?

        If you have used all the exemptions and have all your assets in the blanket of exempt assets and none in the nonexempt category, your case becomes a no-asset case. Close to 70% Chapter 7 bankruptcy witnessed in states like California, Texas, New York, etc., see no-asset case. Once you have protected all your assets under some or the other state/federal exemption, the bankruptcy trustee cannot liquidate the same to settle the debts of the lenders. In this scenario, the court sends notice information to all the lenders associated with the filer confirming no proceeds or debt settlement from the Chapter 7 bankruptcy filing.

        The lenders or creditors would not need to file a proof of claim or record the amount owed by the filer. All the debts shall be released once the bankruptcy case has been settled by the court. However, if during the investigation, bankruptcy trustee comes across some nonexempt asset, the trustee will notify the lenders and collect documentation to allocate the hence generated proceeds towards the debt. For better understanding or help, reach out to +1 888-297-6203 now for the most professional and experienced attorneys California in town.


          *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 does a credit report react to Chapter 7?

          How does a credit report react to Chapter 7?

          Bankruptcy can have several benefits, like wiping off your debt, giving you a fresh start, helping you with all the financial mess, offering some breather to recollect your finances, etc. However, it does impact your credit score, which is interlinked to your loan taking ability in the future. In fact, as per some of the latest reports, it might take over 10 years of worthy credit trust to repair the damage caused by filing for bankruptcy once. To know more such facts and to keep up yourself with the most current bankruptcy related aspects, log on to.

          What are the three most important things reported on my credit report?

          The credit report hosts a lot of information which most individuals would not have predicted for. It is a metric that allows banks to make a thoughtful lending decision and hence, credit report might house some more than personal information as follows-

          • Employers current, past and their locations
          • Credit history and their payment history
          • All other information is available on public records that may include tax liens, court cases, judgments, bankruptcy filings, etc.

          Impact of bankruptcy on credit report based on Chapters

          A missed payment or a delayed payment results in damage that can be rectified in 7 years. But bankruptcy damage can take close to 10 years for recovery of the damage caused. The impact of Chapter 7 and 13 on credit score can be seen below-

          • A chapter 7 bankruptcy filed remains listed on the credit report for 10 years. It has to be removed after completion of 10 years since the bankruptcy was filed.
          • Under Chapter 13 bankruptcy California, the penalty is similar to a missed or delayed payment which could last up to 7 years from the date bankruptcy was filed. This is more convenient as you would be extending only 2 years of the negative credit report if your bankruptcy payment plan lasts for 5 years.

          Another factor to consider whether the impact of the credit score can be significant or not is your existing credit score. Some people with excellent credit score filing for bankruptcy might end up losing over 100 points. People with a lower credit score will also take the pondering but it will be slightly less daunting than the loss for the high credit score bankruptcy filers.

          Credit report accuracy checks

          It is a healthy practice to track the progress of your credit report with your financial transactions. Under most cases, the credit report tracks transactions accurately however, there are situations when credit report has seen faulty reporting. By making regular audits on credit report can keep you on track and informed about your credit score and the perception it is creating for the lenders and the financial institutions.


            *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 Debts Survive Chapter 13 Bankruptcy?

            Which Debts Survive Chapter 13 Bankruptcy?

            People often opt for bankruptcy to get control over the spiraling debts they have accumulated over a period. While in case of Chapter 7, your non-exempt property is liquidated to pay off your creditors and any remaining unsecured debts are discharged; Chapter 13 helps you to reorganize your debts and make payments towards them over a period of 3 to 5-years’ time. Your unsecured nonpriority debts are paid off through the repayment plan and any subsequent debts are discharged at the end of the period. Los Angeles based bankruptcy law firm Recovery Law Group, lawyers inform that there are certain nonpriority, unsecured debts which are not discharged even after bankruptcy. To know more about your case, and debts remaining after bankruptcy call 888-297-6023.

            Some of the debts which can survive Chapter 13 bankruptcy include:

            Domestic support obligations

            This debt is compulsory and cannot be discharged, neither in Chapter 7 not in Chapter 13 bankruptcy. You must ensure that you make 100% repayment on child and ex-spouse support during the course of your repayment plan and even after that.

            Criminal penalties

            Any fines you owe due to any convictions for crimes you committed (including traffic ticket) cannot be discharged, even in case of Chapter 13 bankruptcy.

            Fines owed to government agencies

            Any fines that you owe the government, or you have been subjected to penalty, such debts are not discharged. However, in case the government agency calculates the fine due to you being overpaid benefits or your failure to inform about the income, then the amount overpaid is dischargeable like unsecured debts. The fine itself is not dischargeable.

            Certain taxes

            Income tax debts which were due within the 3-year period prior to bankruptcy filing date are priority debts which do not get discharged even if your bankruptcy ends abruptly. Any tax debts which remain post ending of your bankruptcy need to be paid outside of bankruptcy. Alternately, you could get your Chapter 13 bankruptcy converted to Chapter 7.

            Debts due to DUI

            DUI is a punishable offense. In case you injure or cause the death of any person while driving under influence, the debts so arising are not dischargeable. It is important to remember that any debts arising due to personal injuries caused due to drunk driving are not dischargeable, but any property damage caused due to driving under influence is dischargeable.

            Debts due to willful or malicious intent

            Debts arising due to any willful and malicious act which results in personal injury are non-dischargeable. In case a creditor obtains a judgment in civil court against you, the debts won’t be discharged. Unlike Chapter 7 bankruptcy, which discharges reckless driving debts, Chapter 13 does not allow this. However, Chapter 13 includes debts arising due to personal injury or death only, and not damage to personal property, as is the case with Chapter 7.

            Student loan

            Unless you can prove substantial hardship, student loans do not get discharged during bankruptcy. However, you might get a discharge on the interest on student loans in some cases but not on the principal amount.

            Fraudulent loan

            Any debt obtained due to theft or fraud cannot be discharged during Chapter 13 bankruptcy California. Such debts are only discharged if the creditor is unable to establish the fraud in bankruptcy court.

            Creditors you forgot to list

            When you file for bankruptcy, you are required to list all your debts and creditors on the papers. The court then uses this comprehensive list to contact your creditors to inform them of your bankruptcy. If the creditor is aware of your debts and the debt is dischargeable, then the debt will be discharged. However, in case any creditor is not listed on bankruptcy papers or has shifted residence and gets no notice of your bankruptcy, those debts will survive bankruptcy.

          • 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.

              • Motor vehicle exemption act and bankruptcy

                Motor vehicle exemption act and bankruptcy

                Cars, trucks, automobiles, etc., attract a lot of tension during bankruptcy. Travelling can be an expensive and painful affair without a car in most cities in the United States. No individual wants to let go of his/her car for whatever reason there might be. Bankruptcy can be one of the situations that would require a compromise as an automobile loan is considered as a secured loan and is released in very rare circumstances. It is much easier to protect your automobile assets if you are filing for bankruptcy via Chapter 13 versus Chapter 7. The key distinction between Chapter 7 and Chapter 13 is the provision they allow for in order to settle the debts. Chapter 7 liquidates all your non-exempt assets in order to payoff secured and other priority debts with its proceeds. Your automobile might well fall under non-exempt asset. To know more about exempt and non-exempt assets, log on to Recovery Law Group.

                On the other hand, Chapter 13 emphasizes on creating a future repayment plan which means your current assets are not under any kind of danger. This plan, however, lasts for 36-60 months and a debtor ends up clearing most of his/her debt with the disposable income realized/calculated by the bankruptcy court.

                How do you protect your vehicle when applying for bankruptcy under Chapter 7?

                Under normal circumstances, the vehicle is part of a secured loan and has to be prioritized across other loans during liquidation. Also, cars, vans, trucks, and motorcycles do not form a part of exempt assets hence, the bankruptcy trustee has full authority to liquidate the asset and pay off the debts. The motor vehicle exemptions act can help protect your vehicle in these circumstances. If the entire equity of your vehicle has been covered under the car exemption, the bankruptcy trustee might not be able to liquidate your car. If the car equity is partially covered under car exemption, the bankruptcy trustee can still be able to consider it as a non-exempt asset for liquidation.

                Apart from being a game changer in the Chapter 7 bankruptcy California code, the motor vehicle exemptions have a significant role to play in Chapter 13 code also. If your vehicle is not protected under the exemption, it will add up to the tally of nonexempt assets, which ultimately decides the amount due to unsecured creditors. This means you will end up paying out more unsecured debt if your tally of nonexempt assets is higher. Getting your vehicle covered with motor vehicle exemption act can be a good move considering these aspects.

                Federal and State laws to be used for safeguarding your vehicle

                There are different circumstances, situations when Federal law is beneficial and can prevail over state laws. Historically, people filing for bankruptcy without an attorney or qualified professional help have failed to retain their cars, trucks, vans and other vehicles. The bankruptcy trustee isn’t the most lenient person when it comes to the nonexempt assets. Sometimes, it can just be beneficial to let go of your car and sometimes, there are ways to protect your car by making different arrangements before filing bankruptcy and after. Every situation case is different and needs a thorough/professional analysis to determine a beneficial situation for the bankruptcy filer. Seek the best professional help right on your phone at +1 888-297-6203.


                  *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.

                • 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.


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                    *Do you own a home?

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                  • 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.