I'm not making enough money to afford my mortgage payments and my home will soon be sold in foreclosure. It's worth a lot less than I owe on it. Will I still owe mortgage-loan money after the foreclosure sale, which would mean that I'd probably need to file bankruptcy? Read the rest of this entry »
I've taken out several payday loans that I can't pay back and now I owe them a lot of money as well as owe a lot of other money. Will those payday loans go away if I file bankruptcy? Read the rest of this entry »
About one month after your bankruptcy case is filed, you and your attorney will appear in front of the trustee assigned to your case. Read the rest of this entry »
I have a few credit cards that I don't owe anything on. Will I be able to keep them after I file bankruptcy? Read the rest of this entry »
I have lots of debt, my wife has a little. Do we need to file bankruptcy together? Read the rest of this entry »
Senior citizens have contacted me to discuss the possibility of bankruptcy for them. Most of them have no assets that their creditors could get; they could "exempt" from creditors all of their assets. What do I say to them? Read the rest of this entry »
Last year I wrote about offers for credit cards that remove them from consumer protections provided by the "Card Act" of 2009 (article). This time I'm warning you about offers for credit cards that trick you into repaying debts that are older than the period for the statute of limitations. Read the rest of this entry »
A moment of reflection at this holiday time … Read the rest of this entry »
A recent prospective client told me "Bankruptcy sounds scary" and wanted to know how it all worked. Read the rest of this entry »
I keep hearing about a "Wild Card" and how important it is. Exactly what is it and how can it help me in my bankruptcy? Read the rest of this entry »
I got divorced three years ago and have to pay my ex-wife $2,500 a month under our divorce agreement. If I file bankruptcy, will that go away? Read the rest of this entry »
I need to file a Chapter 7 bankruptcy. My father is elderly and quite ill. If he dies after my bankruptcy and I inherit money from that, can I keep it? Read the rest of this entry »
This is a touchy subject for a bankruptcy attorney to write about, but a recently-received email contained the following sentence that got my attention. "Completely pay up one or more of your credit cards before filing for bankruptcy." Read the rest of this entry »
In general, reverse mortgages are treated in bankruptcy the same as any other mortgages, but "in general" isn't enough in this situation. As they say, the devil is in the details.
The answer to that question, like many answers to questions about bankruptcy, is "it depends". As an overview, it depends on the equity you have in your home and the "exemptions" you have to protect your home from creditors. For starters, "you" would never have to sell your home, but the bankruptcy trustee might do that. Read the rest of this entry »
I received a discharge of debts in a Chapter 7 bankruptcy and now I can't keep making payments on the car. If they repossess the car, can they also sue me? Read the rest of this entry »
I filed bankruptcy. I now want to open a new bank account but can't because "Chex Systems" has me listed as having an overdrawn bank account. Why did this happen and what can I do? Read the rest of this entry »
I have lots of "stuff" that is worth significant money, like two paid-off cars, restaurant equipment (restaurant is closed), a boat, etc. Can I sell those things before filing Chapter 7 bankruptcy Read the rest of this entry »
You can keep your car in a Chapter 7 bankruptcy by one of the following ways: Read the rest of this entry »
If your husband personally guaranteed the business debt (which is very common), Read the rest of this entry »
Hello! I'm Malcolm Ruthven, a California bankruptcy lawyer serving Marin, Sonoma, San Francisco, Napa, Alameda, Contra Costa, and San Mateo counties. Explore this website and blog and see what a Fresh Start might mean for you.
