Category Archives: Bankruptcy Law

Can Bankruptcy Remove my Second Mortgage?

Can Bankruptcy Remove my Second Mortgage?

A Chapter 13 bankruptcy can help rid yourself of your mortgage debt.

Short Answer: YES — but only in a Chapter 13.

If you own real estate with a second or other subsequent mortgage, chances are you can remove that lien in a Chapter 13 bankruptcy case. In many instances, at least locally in San Diego County, we are seeing real estate values decline dramatically. With real estate declining as much as it has, most second and other mortgages beyond the first are wholly unsecured.

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How to Cancel a Credit Card Without Hurting Your Credit Score

How to Cancel a Credit Card Without Hurting Your Credit Score

Canceling a credit card is not as straight forward as cutting it in half.

You want to cancel your credit card. Before you pick up your scissors, know this: canceling a credit card the right way involves more than simply snipping it in two. It requires you to follow specific steps to close the credit card account for good with the least damage to your credit score.

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Bankruptcy and Wage Garnishment: What You Need to Know

Bankruptcy and Wage Garnishment:
What You Need to Know

Can a creditor garnish a debtor's wages?

When a debtor is delinquent, most creditors will attempt to collect payment of debts via telephone calls and letters before escalating to more extreme forms of collection methods. Should a debtor continue to provide payment in response to a creditor’s attempt to get payment from him, as a last resort, the creditor could go to court and get a Judgment and then follow‑up with a paycheck/wage garnishment.  Remember, a creditor cannot garnish your wages without a judgment, so don’t let them fool you with a telephone call threatening to garnish your wages.

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Can an Illegal Immigrant File for Bankruptcy?

Can an Illegal Immigrant File for Bankruptcy

Illegal immigrants ARE eligible for bankruptcy.

An illegal immigrant can file for bankruptcy in the United States. There is no reference to a citizenship requirement in the Bankruptcy Law. US Code §109 provides the requirements to be a “debtor.” The most common way to be eligible to be a debtor is to have a “domicile” in your state. A domicile “requires the physical presence of a person at the place of the domicile claimed, coupled with the intention of making it his present home.” Ellis v. Southeast Construction Co., Inc., 260 F.2d 280. The timing of where you use as a domicile can be tricky if you have not been domiciled in your state for two years.

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How to Choose the Right Bankruptcy Attorney

How to Choose the Right Bankruptcy Attorney

Choosing the right bankruptcy attorney is crucial for getting the results you want.

Bankruptcy can be a considerable burden whether you’re an individual, small business, or a multi-million dollar corporation. Most people consider filing bankruptcy when either they cannot afford to continue paying their bills or their home is threatened with foreclosure. Finding the right bankruptcy attorney for you might seem like a straightforward process, especially knowing that there are a lot out there to choose from, not all lawyers are cut from the same cloth.

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