Law Offices of Michael J. Primus
Personal & Business Bankruptcy Attorney serving San Francisco Bay Area Since 1993
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Certain types of debt, such as child support, alimony, and most student loans, cannot be discharged in bankruptcy. Wrongful conduct may make some debts non-dischargeable. Examples of such conduct are incurring credit card charges without the intent or ability to repay, or obtaining loans using false financial information.
Bankruptcy Basics Video Series – Part 3: Limits of Bankruptcy – Length 4:45
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A brief review of the three main types of bankruptcy cases for individuals chapters 7, 11, and 13. The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy, and chapter 13 cases, often used by individuals who want to catch up on past due mortgage or car loan payments and keep their assets.
Bankruptcy Basics Video Series – Part 2: Types of Bankruptcy – Length 4:07
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What is bankruptcy? What happens in a bankruptcy case? Bankruptcy is a legal process that provides relief for individuals who can no longer pay all of their debts. If you are considering bankruptcy, this video will give you basic information about the process, the relief it offers, and how to find the legal help you may need.
Bankruptcy Basics Video Series – Part 1: Introduction – Length 2:51
Nine informative video’s about Bankruptcy Basics produced by uscourts.gov
What is bankruptcy? What happens in a bankruptcy case? Bankruptcy is a legal process that provides relief for individuals who can no longer pay all of their debts. If you are considering bankruptcy, this video will give you basic information about the process, the relief it offers, and how to find the legal help you may need.
A brief review of the three main types of bankruptcy cases for individuals chapters 7, 11, and 13. The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy, and chapter 13 cases, often used by individuals who want to catch up on past due mortgage or car loan payments and keep their assets.
Certain types of debt, such as child support, alimony, and most student loans, cannot be discharged in bankruptcy. Wrongful conduct may make some debts non-dischargeable. Examples of such conduct are incurring credit card charges without the intent or ability to repay, or obtaining loans using false financial information.
How does someone file a bankruptcy case? In order to file for bankruptcy, an individual must take a credit counseling course to learn about alternatives to bankruptcy as well as accurately complete and file a number of documents.
Every debtor is required to appear at a creditors’ meeting conducted by a trustee who asks the debtor questions about the debtor’s financial condition and gives creditors the opportunity to do the same.
A debtor must be honest and accurate in dealing with the court or face serious consequences, including being charged with a bankruptcy crime.
In some cases, a debtor may be required to appear at hearings before a bankruptcy judge.
Debtors are usually able to discharge most or all of their debts. Once a debt is discharged, a creditor may not attempt to collect it from the debtor.
When does someone need a lawyer for a bankruptcy case? Individuals have a right to represent themselves in court, but bankruptcy is a complex area that involves many considerations including whether to file, what chapter to file under, and what exemptions to claim. It is important to understand all of the protections of the bankruptcy code in order to make full use of them.
How Much Will Bankruptcy Change Your Credit Score? The term “Credit Score” refers to a FICO Score which is a three digit number determined by a complex formula. Credit scores range from a low of 300 to a high of 850. For most people, filing a bankruptcy will lower their score between 130 and 240 points. This means that an “A+” credit rating would be reduced to either “B-” or “C+” depending on other factors. Most people considering bankruptcy already have negative items being reported like: late payments, foreclosure, repossession, lawsuits or tax liens. The impact of bankruptcy can be little or none for people with poor credit prior to bankruptcy.
Call now for a free consultation. Offices in Walnut Creek, Antioch and Hercules.
Law Office of Michael Primus
Although this is not new, it’s the subject of many scams and stubborn misunderstanding in society. This post should be read in conjunction with a related post “Mortgage Modifications – No Advanced Fees, Mandatory Disclosures”
California Law strictly limits the activities and charges of a Foreclosure Consultant.
Foreclosure Consultant – California Civil Code section 2945(a) defines “foreclosure consultant” as any person (excludes lawyers) who performs for compensation certain services for a homeowner or makes any solicitation, representation, or offer to do so. The services include: stopping or postponing a foreclosure sale, obtaining forbearance from any beneficiary or mortgagee, obtaining reinstatement of a loan obligation, obtaining an extension for reinstating a loan obligation, obtaining a waiver of an acceleration clause, assisting the owner in getting a loan, and saving the owner’s residence from foreclosure.
Protections and Disclosures – California Civil Code Section 2945 imposes numerous restrictions on foreclosure consultants. For example, agreements with foreclosure consultants must be in writing and contain specific disclosures. Also, foreclosure consultants are prohibited from collecting a fee for any services until after the services have been fully performed. In addition, distressed homeowners have a right in certain circumstances to cancel foreclosure consultant agreements. These protections cannot be waived which means nothing in a contract can eliminate or waive these requirements.
At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy. If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free in-office consultation. We have offices in Walnut Creek, Antioch, and Hercules.