Category Archives: bankruptcy

Bank Levies Just Got Easier in California (Debtors Beware)

Bank account levies in California will become easier starting in January 2013 thanks to the passage of Assembly Bill 2364.  Under the prior law, a judgment creditor seeking to sweep the bank account of a judgment debtor needed to have the papers served at the branch where the debtor had the account.  The new law…

The Bankruptcy Automatic Stay

One of the most important important reasons people file for bankruptcy is the automatic stay.  Think of the automatic as a federal court order that prohibits of any attempts by creditors to contact you or to collect a debt.  It goes into effect the moment your bankruptcy petition is filed with the court, thus it…

Getting Back Garnished Wages

Sometimes a client waits to see me until after a creditor has obtained a judgment and is having money taken out of the client’s paycheck.  Although I always want to file a bankruptcy before a client receives notice of a wage garnishment, it may be possible to get some of the money back after the…

It Isn’t a Sob Story, It is Your Story

As a bankruptcy paralegal, I’m the first one to answer the phone at our office and something really hit home with me this week.  A woman started talking to me about her financial situation and then started to tear up.  Tearing up over the phone is not uncommon for callers, but this caller almost got…

Removing a Judgment Lien in Bankruptcy

Judgment creditors will often place a lien on the judgment debtor’s home as one of the first steps taken to collect the judgment.  In California, the creditor creates the lien by recording an Abstract of Judgment at the county recorder’s office.  Although lawsuits and having a lien placed on your home are serious matters, bankruptcy…

Should My Wife File For Bankruptcy Too?

Question:  I live in California and have a lot of debt from when my business failed,  My wife wasn’t really involved in the business and we want to protect her credit rating. Does she have to file for bankruptcy with me if I file? Answer: The general rule is that the bankruptcy discharge only protects…

Credit Repair and Identity Theft

One of the most common questions that clients ask me is how bankruptcy will impact their credit score. While most of my clients see at least a moderate improvement in about 12-18 months after their case is over, every situation is different. In this article, I offer a few tips that will help you maximize…

I Spent Too Much on Christmas Gifts…Now What?

I have previously posted tips on how to avoid a Christmas debt hangover.  Maybe you didn’t get the memo, but that’s okay.  Pull up a chair and we’ll roll up our sleeves to see what we can do. The first thing to do is not to panic.  December is traditionally a slow time for bankruptcy…

New California Law Limits Use of Credit Reports in Employment Background Checks

Clients often ask me if filing for bankruptcy could prevent them from getting a job.  There is a new law in California that address that issue for many of my clients.  Subject to several exceptions listed below, most California employers cannot review your credit report beginning January 1, 2012 Jobs that allow a credit check…

“Why am I Being Punished for Being a Responsible Earner, Saver, Spender and Investor?

I recently posted a request on my Facebook page and my Twitter page soliciting blog ideas and I posed the following question:  “So if you could ask a bankruptcy attorney any question, what would it be?”  The title for this blog entry is an actual question I received from a Facebook friend. While the question…