Tag: Chapter 13 bankruptcy trustee Los Angeles

  • Bankruptcy Myths Busted

    Bankruptcy Myths Busted

    Call: 888-297-6203

    Despite bankruptcy being one of the best ways to get rid of debts, there are numerous myths associated with bankruptcy because of which people are wary of filing for it. However, say lawyers of Los Angeles based bankruptcy law firm Recovery Law Group, it is important to sift fact from fiction, especially about something as important as a bankruptcy.

    Here’s a look at some of the most common myths associated with bankruptcy.

    #1 If you have a job, you can’t file for bankruptcy

    In the case of Chapter 7, debts are discharged, after the filer’s non-exempt property is sold off to pay your creditors. However, Chapter 13 bankruptcy involves repaying some portion of your debts to the bankruptcy trustee, as per the court-approved repayment plan. Apart from this, additional costs include filing fees, the fee for credit counseling course as well as the attorney’s fees. Regular payments as per your plan are essential in this case.

    If you lose your job and find it difficult to make payments, you can ask the judge to modify your payment plan. Throughout the plan, your total repayment amount will remain the same, however, the payments can decrease when required and increase when you can afford to make payments. When you file for bankruptcy you are required to provide your last two months’ pay, your past six months of bank statements, as well as last four years of tax returns.

    #2 Bankruptcy makes you bad

    Despite insurance cover, a huge amount of medical bills can send anyone towards bankruptcy. It is not surprising to note that most people who file for bankruptcy owe huge debts towards medical bills. Majority of these people are working citizens who regular pay taxes. When you file for bankruptcy you can get rid of several debts including credit card bills, personal loans, etc. Majority of the debts catered to in a Chapter 13 bankruptcy are secured ones like mortgage, automobile debt, child support, alimony, and taxes. A small percentage of your repayment amount goes towards settling your unsecured debts. After completion of the repayment plan, any unsecured debt which remains is discharged, with creditors sometimes end up receiving nothing.

    People can get rid of their debts by other methods too. Seeking a reduction in their debts might make a better option than filing for bankruptcy. If possible, bankruptcy should always be the last option for people to address their debts. You need to ensure that the timing of your bankruptcy is perfect. It is better to wait some time if you are expecting more medical bills in the near future. A qualified bankruptcy attorney can suggest the best time to file for bankruptcy as well as the chapter you would benefit from. If you are looking for a consultation, you can call 888-297-6023.

    #3 Your credit is ruined by bankruptcy

    Bankruptcy indeed has a negative effect on your credit report; however, the effect is not permanent. In most cases, people who file for bankruptcy probably have bad credit which can only go one way. Bankruptcy wipes your slate clean and thus, in the long run, filing for bankruptcy will improve your credit score by getting rid of bad credits. In the case of Chapter 7 and Chapter 11, bankruptcy remains on your credit report for 10 years while Chapter 13 bankruptcy Los Angeles appears for 7 years. Despite this, filing for bankruptcy will probably help you in getting rid of debts which you had no way of clearing.

    Filing for bankruptcy might cause you to have some difficulty in getting credit after discharge because declaring bankruptcy puts you in the credit risk bracket. Despite this fact, bankruptcy filing helps you get rid of the huge mountain of debt and provides your disposable income for your use. Responsibly managing your money after you get your bankruptcy discharge goes a long way in rebuilding your credit. Since a credit check is done usually when you are seeking employment or while making big purchases like house or vehicle; if you are already in possession of all, bankruptcy won’t have much effect on you, except getting rid of debts. It is therefore vital that you consult experienced bankruptcy attorney to get hold of your finances while divesting you of your 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.

    • Vehicle Repossession in Bankruptcy

      Vehicle Repossession in Bankruptcy

      Debts against which the creditor has collateral are known as secured debts. Examples of secured debts include automobile loan, mortgage, etc. Since both these are essential for living a comfortable life, it is important that you are not behind on payments for such loans. Having a vehicle has become a necessity these days, considering that commuting time is considerably reduced due to them. Missing payments on your automobile loan can have severe consequences. The lender can repossess the vehicle if you end up missing payments. However, having experienced lawyers like those of Los Angeles based bankruptcy law firm Recovery Law Group can help stop such proceedings effectively.

      You will be surprised to know that repossession is far easier than foreclosing on your home or threatening with a lawsuit in case of credit card dues. Vehicle insurance is mandatory in some states. If you neglect the insurance coverage of the vehicle and are current with the loan company, you might still end up losing your vehicle. Generally, if you miss one payment, you get a reminder call to make payment along with the late fees. However, if you fail to make a payment on the due loan, the lender can act against you, which includes repossessing the vehicle.

      Can you protect yourself against creditor action?

      Though defaulting on the loan provides the lender a chance to repossess the vehicle, there are certain protections in place for the owner too. These include:

      • The lender (or any other person acting on behalf of the lender) cannot enter your closed garage without permission.
      • They cannot threaten or use force against you.
      • Violation of any of the laws can result in a legal damage case against them.
      • Any personal property within the vehicle when it is seized by the lender remains your property.
      • The lender must ensure the safety of any such property and provide you with details regarding its retrieval.

      In case you decide to not pay the arrears and repossession cost, the lender has the right to keep or sell the repossessed vehicle. However, they need to intimate you when and where the vehicle will be auctioned off. You can bid for your vehicle if you choose to. It is important that the vehicle is sold for a fair market price. In case, the lender sells it below market rate, you can claim damages against the lender and argue for a deficiency judgment. If you are behind on your automobile loan payments and are on the verge of vehicle repossession, it is important you call 888-297-6023 to schedule an appointment with adept bankruptcy attorneys Los Angeles before any legal action is taken against you.


        *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.

      • Thinking about converting Chapter 13 to Chapter 7 before the term ends?

        Thinking about converting Chapter 13 to Chapter 7 before the term ends?

        A recent court case has provided for good news for many Chapter 13 filers. There can be many scenarios wherein, Chapter 13 payment plan might just not go as planned. The filer might not be in exceptional hardship to get a ‘hardship wave off’ but certainly paying off dues as per the payment plan can become extremely challenging. Converting Chapter 13 bankruptcy to Chapter 7 is a great option for such bankruptcy filers. It was not really ‘on’ but after a recent Supreme Court hearing, it has become more realistic now. To learn more about some latest judgments and their impacts on your case, log on to https://bankruptcy.staging.recoverylawgroup.com/.

        What was the case?

        The historical case had Harris file for Chapter 13 bankruptcy. His approved payment plan had a $530 payment, which he provided for to the bankruptcy trustee every month. The bankruptcy trustee had to distribute those payments to two major lender categories. One chunk would go to the bank for mortgage arrears, while the second chunk would be distributed to other lenders based on the proportion of their liability. Mr. Harris was not able to keep up with the mortgage arrears and lost his home due to foreclosure. After this, Harris continued making $530 of plan payments but did not distribute the amount allocated to the mortgage arrears to other lenders.

        After a year or so, the funds accumulated to $5,500 which had not been distributed to other lenders. Mr. Harris decided to convert his bankruptcy into Chapter 7 and realized within a span of 10 days, the bankruptcy trustee had distributed $5,000 to the other lenders. Mr. Harris was unhappy with this and sued the bankruptcy trustee for his $5,500.

        Different courts had different opinions

        Some experts, as well as courts, thought that the funds held by the bankruptcy trustee belong on the lenders or the creditors once, Mr. Harris converted his case to a Chapter 7 bankruptcy. However, other courts and the Supreme Court judgment seem to believe that the undistributed funds in the hands of the bankruptcy trustee belong to the debtor. This was certainly a big relief for Mr. Harris and various other Chapter 13 to Chapter 7 converters.

        Some key pointers in Supreme Court’s inference

        Court highlighted a few points, which will be a base for many such future arguments or judgments. These can be listed as follows-

        • The court inferred that when a Chapter 13 case is converted to Chapter 7, the bankruptcy estate shall consist of income and assets owned by the filer when he/she originally filed Chapter This means any income generated after the filing debt and any asset built after the filing date, will not be included in the bankruptcy estate. All these belong to the filer.
        • The Chapter 13 bankruptcy trustee Los Angeles does not hold any right to distribute the $5,500 to the lenders as in the case of Mr. Harris.
        • In order to overcome this scenario, the bankruptcy trustee and the lenders should consider distributing income regularly and appropriately to minimize such controversial situations.

        If you are a lender or a bankruptcy filer, how does this ruling affect you and your bankruptcy or lending situation? Find out by dialing in +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.