Articles Posted in Property

Understanding Bankruptcy and Foreclosure in California Bankruptcy and foreclosure are two legal procedures that affect many individuals in California. It is essential to understand how these processes interact, especially for homeowners facing financial difficulties. Let’s delve into whether bankruptcy can stop foreclosure in California. What is Foreclosure? Foreclosure is a legal procedure that lenders use…

If you are stuck in debt, you should consider filing for personal bankruptcy, which helps clear away your debts. Personal bankruptcy includes two types, Chapter 7 and Chapter 13. While Chapter 7 means liquidating some of your assets if you have any that exceed the limits on value, Chapter 13 implies repayment of debts from…

When someone is considering bankruptcy, they may worry they will lose their assets such as vehicles, homes, jewelry, etc. Many times, debtors sell some of their property to pay for their bankruptcy attorney or bankruptcy fees. There are a few guidelines and rules you should follow if you sell the property to a family member…

Having easy access to a vehicle is essential for most of us to get to our jobs, schools, grocery store, etc. Therefore, having a vehicle payment is the most common type of consumer secured debt. Since it is a secured debt, the lender has the right to repossess the vehicle if you get behind in…

When you file chapter 13 bankruptcy, you have the opportunity to keep your assets during a “reorganization” where you offer a fair payment to creditors in return for maintaining your property. Chapter 7 is a little different; while you may keep your assets if you have if they are low enough value to fit into…

If you fall behind on your car payments, and you believe your vehicle is about to be repossessed, one of the first things you should do is remove any personal items out of your car. Sometimes personal belongings can vanish from your car at the impound lot. If you leave necessary items in your vehicle…

In Chapter 7 bankruptcy, the nonexempt assets are sold, and the proceeds go to pay your creditors. Both federal and state laws allow the court to void an asset sale that was made just prior to filing for bankruptcy. If the court determines that the assets were sold or transferred to avoid having them be…

Many people worry they will lose all their belongings if they file bankruptcy, or that they must be flat broke to file. When actually, bankruptcy can be a way for you to protect the assets you have. Bankruptcy exemptions determine what property you get to keep, and your assets won’t be taken away without your…

What happens to rental property in bankruptcy, like most facets of bankruptcy law, depends on whether you file Chapter 7 bankruptcy or Chapter 13 bankruptcy. Furthermore, the state in which you file bankruptcy, the amount of debt you have, and the amount of equity you have in all your properties will affect what happens to…

A garnishment is the legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishments allow the plaintiff, or the “garnishor”, to take money or property from the debtor in order to satisfy a debt. The most common type of garnishment is a wage garnishment, which is the process of…