Articles from San Diego Bankruptcy Lawyer | Bankruptcy Information

San Diego Bankruptcy Lawyer | Are Overpayments of California State Unemployment Benefits Dischargeable in Bankruptcy?

The answer to whether or not unemployment benefits are dischargeable in bankruptcy hinges on the following:  1) whether the state receives adequate notice of the bankruptcy filing; 2) whether the state upon proper notice brings a timely complaint (adversarial proceeding) in the bankruptcy court, and 3) whether the state wins its complaint and proves that the debtor obtained the unemployment overpayment by fraud or theft as opposed to having made a reasonable mistake.

Motion For Relief In Chapter 7 Bankruptcy

When you file for Chapter 7 bankruptcy, an automatic stay is put in place.  This is the legal mechanism that stops foreclosure, repossession and collection efforts including wage garnishments. This can be a great relief for you. You can take a breath and work on reorganizing your priorities and assets.

Motion For Relief In Chapter 7 Bankruptcy


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San Diego Bankruptcy Lawyer| If I am married and living together, do I have to file for bankruptcy jointly with my spouse?

The simplistic answer to the question of whether you have to file bankruptcy jointly when you are married is no.  You can choose to bankruptcy individually.  However, whether or not this is the best decision depends on a number of factors and often involves detailed legal and factual analysis tailored to the individual situation.

What Client’s Need To Know to Avoid Hiring A Bankruptcy Mill

Bankruptcy mills are high volume law practices that advertise aggressively and provide poor quality legal services.  Typical attributes of a bankruptcy mill are as follows:

Chapter 13 Trustees Are Challenging the $200 Old Car Allowance

A new Chapter 13 controversy is brewing over whether a debtor can take an additional $200 “Old Car” operating allowance on the means test for paid-off vehicles that are more than six (6) model years old or that have more than 75,000 miles.  While the United States Trustee has generally conceded the issue, a number of Chapter 13 trustees have not.  In the Sout

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