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  • The Bankruptcy Court and Social Media

    The Bankruptcy Court and Social Media

    Can the bankruptcy court interfere with social media space? Well, the answer is certainly yes but not if they are personal social media accounts but definitely if they are social media accounts used for business purposes. This question has popped up after a recent judgment by a Texas bankruptcy court. If any social media platform like Twitter, Instagram, Facebook, etc., are used for promoting business, they can be included in the bankruptcy estate. Not only that, but the bankruptcy court may also order the bankruptcy filer to submit the password of these social media accounts. The same level of authority is not applied for a personal social media account. However, if you are doing business promotions from your personal account and there is no separate business account, confusion begins here. Follow more such interesting and informational topics on Recovery Law Group.

    What was the case?

    In Texas, this interesting case happened wherein a firearm company owner decided to file for Chapter 11 bankruptcy. The owner, Jeremy Alcede had a gun shop. Under the reorganization scheme proposed under Chapter 11, a new boss was suggested to take over the business of the gun shop. The bankruptcy court of Texas ordered the former owner to turn over all the electronic assets of the Tactical Firearm including Twitter, Facebook and all other social media accounts with their passwords to the new owner. Jeremy, however, had other thoughts and refused to share social media account details and would have rather preferred imprisonment.

    What was the argument?

    The former owner put forward a strong argument saying, the account was personal, and he administrated over them and created them. His rants on then-president Obama and all advocates, who wanted to put down gun licensing and eradicate public selling of guns. He used the accounts for voicing the benefits of his shop and garnered a good amount of publicity through them. The court, on the other hand, argued that the social media accounts are directly involved in business promotion and had a business website linked on the bio of the site and hence, shall be regarded as a business account. Considering all these factors, it was determined that social media account directly influence the business of Tactical Firearms and hence, the password and the accounts need to be handed over to the new owners.

    If you are in a similar situation and need assistance to determine if your business account or your personal account could be in danger or not, reach out to 888-297-6203 right now.


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    • What do you understand by wildcard exemption?

      What do you understand by wildcard exemption?

      Are you looking to protect a property that is quite important and dear to you? Now that is easily possible with a wildcard exemption. Now, you no longer need to worry about losing important and valuable items which hold a very high value in your life, while filing for bankruptcy. As per the new norm, if your state has a “wildcard exemption” you can protect and safeguard invaluable items from being given away or foreclosure.

      The property that you want to protect or safeguard completely differs from state to state. Hence, depending on your residential location, you will be able to use the “wildcard exemption” as per the statutes and law stated of that particular state. The common items that you can safeguard generally are – furniture, clothing, crockery, and bedding. Also depending upon the state statutes, you might be able to keep either of these as well-

      • Vehicle
      • Jewelry
      • Child and/or spousal support
      • Equity in a residential home
      • ERISA qualified retirement account.

      However, exemptions for luxury items like boats, vacation homes, snowmobiles and the like is not permissible. Nonetheless, some states provide this benefit to its residents where they can safeguard any property or items (even under the category of unnecessary or luxury property) under a certain value/dollar as stated by the state.

      For example, the state has permitted you to use the “wildcard exemption” of value $7000. You can use this to safeguard/exempt any items within the stipulated value of $7000. This can include luxury items as well but must be under the stipulated amount. For instance – your golf club, sauna, a piece of jewelry- all summed up under the authorized value of $700 and must not exceed the value at any cost.


        *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.

      • Trustee’s Role in Chapter 7 Bankruptcy

        Trustee’s Role in Chapter 7 Bankruptcy

        Bankruptcy is a great way to get rid of a huge amount of debts. People can file under chapter 7 or chapter 13. When any individual files for bankruptcy under chapter 7, a trustee is appointed by the court to oversee the proceedings of the case. According to Los Angeles based bankruptcy law firm Recovery Law Group, the bankruptcy trustee has various responsibilities including evaluating paperwork, selling of non-exempt property, etc.

        What does a trustee do?

        The bankruptcy trustee is appointed by the court as an independent evaluator for the case. The trustee gets paid to examine your bankruptcy papers and gets a percentage of any assets sold during the process. This is an incentive to perform their duty carefully. They need to carefully assess the property of the bankruptcy filer including any that were transferred or sold prior to a bankruptcy filing. The trustee must be fair in their dealings towards the debtor. The main duties of a bankruptcy trustee in the case of chapter 7 include:

        • Reviewing bankruptcy petition

        When an individual files for bankruptcy, they are expected to provide personal and financial information including their property, income, debts and other financial details. You also need to provide information justifying your claims including tax return, pay stubs and any information about your assets. The trustee needs to verify the information with independent sources as well as from the financial documents you provided. Both figures should match for a bankruptcy petition to be approved.

        • Examining the documents

        A 341 meeting of creditors takes place after one month of filing bankruptcy papers. This is attended by the bankruptcy trustee, debtor, his/her attorney and the creditors. In case the creditors have any questions regarding any hidden assets they might ask during this meeting. The bankruptcy trustee conducts the hearing and asks questions pertaining to the information provided by you in your bankruptcy documents. All this takes place under oath; lying would mean perjury which might result in your case being dismissed without a discharge.

        • Selling of non-exempt property

        The bankruptcy trustee is also responsible for selling any non-exempt assets the proceeds of which are used to pay your creditors. Chapter 7 allows debtors to keep certain property like retirement accounts, household furnishings, clothing, etc. An individual can choose from federal or state bankruptcy exemptions.

        • The debtor has non-exempt property–In case you have non-exempt property, it is sold, and the amount is distributed among creditors. You need to determine what happens to your property before filing for bankruptcy as you do not have automatic right to dismiss your case.
        • The debtor has no non-exempt property–In case there is no non-exempt property, creditors are not paid anything, the case is reported as “no asset” case and all unsecured debts are discharged. If any disagreement arises on exemption status of any asset between debtor and trustee, the final decision is of a bankruptcy
        • Reversing dubious transfer of property

        The bankruptcy trustee can overturn any preferential transfers or improper sale of any asset made before bankruptcy filing. If you transferred property to a family member or friend or paid any creditor preferably over others, then such transactions are undone by the trustee. The money reversed is distributed among all creditors. In case a creditor did not create a proper lien on your property, this can also be reversed by the trustee, and the property can be sold free and clear of the lien.

        If you are contemplating bankruptcy, call at 888-297-6023 to find out more about the process.


          *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.

        • Payday Loans: Myths & Facts

          Payday Loans: Myths & Facts

          Payday loans or cash advance loans are small loans which are taken by a person against their wages and can be paid off at the time of their next paycheque. For people who have been facing financial issues for some time, payday loans are a common feature. Many of them who have been contemplating bankruptcy as a way of getting out of such problems had taken payday loans in their past.

          Getting a payday loan is not difficult. The borrower can ask for a payday loan from a lender in the form of a post-dated cheque by showing them proof of employment. The cheque is drawn for the amount that the borrower requires plus the interest amount. The lender will hold the post-dated cheque till the borrower’s next payday in lieu of the borrowed amount given to the individual. When the amount is due, the lender can deposit the cheque and get their amount back. In case the borrower requires more money for any other reason by the time payday comes, the lender can hold the cheque at additional charges. Despite sounding easy, borrowing money through payday loans can be very costly, with sometimes interest costing close to 400%!

          Lawyers of Los Angeles based law firm Recovery Law Group inform that consequences of taking out such a loan, but, being unable to pay it back can have bad consequences like:

          • Relentless calls by lenders for pursuing payment.
          • If the lenders have the authority, they can overdraw your checking account by automatic withdrawing of money.
          • You can be sued by the lender for the amount of loan plus attorney fees and court charges.
          • The debt can be transferred from the lender to a debt collector.
          • If and when they get a judgment against you, the lender can garnish your wages too!

          The only respite you have is that such lenders cannot put you in jail. This is so because they are aware that you lack the funds in your account when you have issued the post-dated cheque. Thus you cannot be held guilty of knowledgeably issuing a bad check.

          Payday loans are one of the last resort by individuals facing economic problems before eventually filing for bankruptcy. In case you have reached the point, where you have to rely on payday loans, you should get an evaluation by expert bankruptcy lawyers by calling at phone number – (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.

          • Frequently Asked Questions about Bankruptcy

            Frequently Asked Questions about Bankruptcy

            Many people who are facing grave financial issues, often have doubts about bankruptcy. It is therefore important to clear all your doubts related to it. Here are some FAQs about bankruptcy:

            What is Personal Bankruptcy?

            Personal bankruptcy offers 2 options mostly for individuals and couples; under Chapter 7 and Chapter 13. Both cases are designed to help people who are unable to pay their debts and get a fresh start. However, both options operate differently and are suitable for people with varying economic needs.

            What is The Difference between Chapter 7 and Chapter 13 Bankruptcy?

            Chapter 7 bankruptcy is an option available for people having relatively low income and a large number of unsecured debts (credit card and medical bills). In this case, most of the unsecured debt is eliminated. Post-discharge of debts, creditors and debt collectors can no longer make any attempt to collect any thus debts.

            Chapter 13 bankruptcy is a solution for people with regular income but somehow have fallen behind on payments. People who do not qualify for Chapter 7 can opt for this. Debtors can keep all property and make monthly payments as per repayment plans to clear past dues over a 3-5 year period.

            Can Bankruptcy be used to Stop Foreclosure?

            In most cases, bankruptcy can be used as a mean to stop foreclosure. On filing for bankruptcy, an automatic stay is in place. This stay helps put a stop to any collection action including foreclosure, by creditors and debt collectors. Apart from this, type of bankruptcy, past due balance, available monthly income, etc. are factors which are considered to decide the time and monthly payments to catch up in Chapter 13 repayment plan.

            Can Bankruptcy Help Stop Wage Garnishments?

            As soon as the automatic stay is entered (filing of bankruptcy case), wage garnishment is stopped instantly. Depending on the type of bankruptcy and amount of debt, the obligation to pay may be eliminated entirely or the debt may be reduced to a manageable monthly repayment plan. It is a relief to know that garnishment is totally eliminated for most debts.

            Can Bankruptcy help Stop Car Repossession?

            Filing of bankruptcy case results in an automatic stay due to which all collection attempts including car repossession are frozen. Solutions are available depending on the value of the automobile, equity in the car, the amount owed by the debtor and other factors. The debtor could surrender the vehicle to get free of debt on the loan, or redeem the vehicle for the market value and catch up on past-due payments in case of a Chapter 13 repayment plan.

            How Long Can a Bankruptcy Case Run?

            The duration of a bankruptcy case depends on the complexity. Chapter 7 case is generally completed in a 4-5 month time frame, whereas a Chapter 13 case, where repayment of dues takes place requires 3-5 years. It can be completed sooner too, depending on the final payment and completion of a mandatory financial education course.

            Can Bankruptcy Ruin my Credit?

            Bankruptcy remains on your credit report for a period of 10 years. If you are considering bankruptcy, your bad credit is already in reports. In fact, bankruptcy can be a good way to rebuild your credit. Since bankruptcy results in the elimination of many past dues, as well as reduction and elimination of outstanding debts, it helps in giving you a fresh start. Any late payments on discharged accounts also carry less weight and are eventually eliminated from the credit report. People if after bankruptcy, begin managing their finances properly can start rebuilding their credit immediately and often end up qualifying for finances like home loans in 2 years!


              *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.

            • Will Filing Bankruptcy Require Liquidating of Business?

              Will Filing Bankruptcy Require Liquidating of Business?

              It isn’t uncommon for a business owner encountering situations wherein revenues decline and debts become surplus. Planning and executing business is by itself a challenge and being in junctures of financial instability can be equally worrying. Luckily, the U.S. Bankruptcy Code is a saving grace to address these startling situations of the financial crisis in businesses and in personal front too!
              The key question of a business person is whether the business needs to be liquidated in bankruptcy. To throw some clarity to this, here are some important factors that are to be understood while the business owner files for a bankruptcy

              The type of bankruptcy filed for your business will be the deciding factor and it determines whether your business/ company needs to be liquidated. Filing for bankruptcy under Chapter 7 clauses of your business requires your company and the other assets to be sold in order to settle your creditors. In cases of companies/ businesses that haven’t been incorporated or under sole proprietorship, the type of bankruptcy to be filed will be a personal Chapter 7 bankruptcy. So discuss it with the right business attorney whether Chapter 7 bankruptcy for business or for an individual is needed for your case.

              Filing for Chapter 11 bankruptcy for the financial issues in your business enables the restructuring of those debts so that they can be repaid over time. This scenario is somewhat similar to the bankruptcy filing done by individuals and couples using Chapter 13. Chapter 11 bankruptcy is suited for larger businesses and saves the company and its assets from being sold – the bankruptcy plan should have been presented earlier and approved by the bankruptcy court.

              Another view to Chapter 11 bankruptcy for businesses enable the company to liquidate their assets in an orderly or organized way. This is best suited for businesses when they are determined to close operations or if their operating costs are higher than before. This planning created buyer friendly conditions and yield better liquidation outcome.

              If the business owners run a business of good value and that assure recovery over the years, then they can repay their debts via an approved bankruptcy plan – this plan should have been in place and approved by creditors & bankruptcy court. They can continue operating their business and save it from liquidation. The bankruptcy trustee determines the value of your company and whether there are assets in your company that can be liquidated in order to benefit creditors

              Despite the stated factors above, every business case could be quite unique in its nature. As renowned bankruptcy attorneys, the Recovery Law Group works with every client who has fallen into tough times financially in personal and business fronts. The clientele base that we cater to is from the Los Angeles and Dallas, TX regions.


                *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.

              • Should I Keep My Car during Bankruptcy?

                Should I Keep My Car during Bankruptcy?

                Bankruptcy is a name which often causes people to panic. This is so because most of the time, it is associated with the image of being thrown on the streets penniless. However, nothing could be farther than truth. More often than not, the financial situation of an individual is tight, which has led them to file for bankruptcy. Since financial problems can affect a number of areas of your life including your job, property, and vehicle, many people question whether it is appropriate to keep their vehicle if they plan to file for bankruptcy. (more…)

              • What Happens to Credit Card Debt in Bankruptcy?

                What Happens to Credit Card Debt in Bankruptcy?

                Spending beyond the budget is a common occurrence, thanks to the ever-prevailing credit cards. Since you do not have to pay immediately, people often go overboard with their spending, not realizing that eventually the money is to be paid and that too with additional charges. It is no wonder that a large number of population incurs heavy debt thanks to this habit, resulting in many of the individuals filing for bankruptcy. The excessive debt may also be due to exhaustive medical bills or vehicle repairs etc. Many times, credit card debts are discharged (with some exceptions) when a person is able to successfully complete a Chapter 13 or Chapter 7 bankruptcy.

                According to Sacramento based law firm Recovery Law Group individuals can file for bankruptcy under Chapter 7 or Chapter 13. The procedure of getting credit card debt discharged is different in each case. Let’s take a look at what happens to credit card debt in both cases:

                Chapter 7 Bankruptcy

                Filing for bankruptcy under chapter 7 will get most of your debt discharged but you will be required to give up all your non-exempt property. The property is sold by the bankruptcy trustee and the money received is used to pay off the creditors. Unlike child support and taxes, which are priority debts, most credit card debts are regarded as non-priority and unsecured debts. Unlike priority debts which cannot be discharged, credit card debts are discharged with chapter 7. It is possible for an individual to file for bankruptcy under chapter 7 and endorse all debts except credit card debt. In this case, the bankruptcy filer is liable for the endorsed debts after the bankruptcy is finished.

                Chapter 13 Bankruptcy

                If your situation permits, bankruptcy under chapter 13 might suit you well. During this type of bankruptcy, you are required to make partial or full payments to some creditors. A specialized repayment plan is drafted, wherein you are required to make payments within 3-5 years period. In the majority of the cases, a portion of the unsecured debt (such as credit card) is paid in this type of bankruptcy. The repayment amount depends on a number of factors including your disposable income, repayment amount, unsecured debts, etc. Most of the individuals filing for bankruptcy under this chapter only need to pay for a small percentage of their unsecured debts. After the repayment period is over, the remaining credit card dues are discharged.

                Can Creditors Challenge Your Credit Card Debt Discharge?

                Despite the court ordering for the discharge of your credit card debts, sometimes, the creditors may challenge it. If the credit card debt is incurred by a person due to fraudulent activities, then the debt cannot be discharged. If an individual is involved in any of such activities:

                • Providing false information/statement on credit card application.
                • Making heavy purchases of over $650 in luxury services or goods within 90 days before filing for bankruptcy, gives an impression of fraudulent activity (prior intention of filing for bankruptcy)
                • Taking a cash advance totaling more than $925 within 70 days of filing for bankruptcy.

                If any of the above is found true, the creditor can challenge the debt discharge process. In case they win the appeal, the court can make it mandatory for the individual to pay the credit card debt. Sometimes, however, some creditors take a security interest in the property. In such circumstances, the credit card debt becomes a secured debt, which means, the debtor has to pay it off.

                It is important to remember that once you file for bankruptcy, creditors cannot take you to court and also not make attempts for debt collection. The automatic stay prevents credit card companies and debt collection agencies from contacting you through any means such as telephone, letters.


                  *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 Long Do I Have to Wait To File For Bankruptcy Again?

                  How Long Do I Have to Wait To File For Bankruptcy Again?

                  One of the most powerful legal tools to ward of bad financial situation is bankruptcy. While filing for bankruptcy, you can get rid of huge amounts of debts thereby overcoming financial distress. However, one of the most popular misconception that people have is that if they have filed for bankruptcy once, they cannot file again. Well, lawyers of Sacramento based law firm Recovery Law Group, say that nothing could be further from the truth! (more…)

                • Benefits of Bankruptcy Consultation

                  Benefits of Bankruptcy Consultation

                  More often than not, people prefer dealing with severe financial problems than opting for bankruptcy as the word has been often been misconstrued. A bankruptcy filing is a legal and one of the best methods to come out of financial problems and start life afresh. However, before you make a decision to file for bankruptcy, it is important to get a consultation with skilled bankruptcy lawyers such as those of Los Angeles based law firm Recovery Law Group.

                  What to Expect in Bankruptcy Consultation?

                  Taking legal assistance for your financial problems is important as sometimes you might not be aware of the best legal recourse to deal with the issues at hand. However, before you meet a bankruptcy lawyer, it is important that you are well prepared so that you are able to save both time and money. Having your financial information on hand is important, therefore collect all information about your finances including:

                  • Bank statements
                  • Loan agreements
                  • Creditor’s information
                  • Contract information
                  • Receipts for any payments made
                  • Foreclosure documents in case proceedings are pending
                  • Correspondence with creditors (sue notice etc.)

                  All these and related documents will help the attorney with all background information about your financial problems. With this information at hand, work for the bankruptcy proceedings can be initiated sooner.

                  It is important to keep in mind that lying about your finances to the bankruptcy attorney is not going to help your cause. You need to be open to the lawyer and should not withhold any information pertaining to your dues or assets as this may get your case dismissed without any discharge of debts.

                  In case you have any questions pertaining to the impending bankruptcy, it is important that you discuss them with the lawyer during the bankruptcy consultation. This will help alleviate your concerns and also make you aware of the eligibility factors and any other potential issues which could obstruct the chances of your case going ahead.

                  Taking a bankruptcy consultation with specialized lawyers provides you with a better idea of the concept as well the recourse to be taken to get rid of the financial mess you are currently in.


                    *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.