Over 36 Years representing clients with Bankruptcy in Orange County
Bankruptcy Attorney Orange County Blog

Bounce Back with a Bankruptcy


You know how that old horror story goes -- it's 2020.  Job prospects are at zero but credit card balances are far from that.  Electric bills are through the roof because of a never-ending heat wave.  Landlords are patiently waiting for eviction moratoriums to expire because people just aren't paying rent.

For some, unemployment provides brief but necessary respite from creditors.  But what happens when jobs come back, and unemployment benefits disappear without taking all of those bills with them?

It is time to bury bankruptcy taboo, for good.  Long, long gone are the days of "debtor's prisons" and "poorhouses" -- mechanisms for shaming people who could not pay their bills. United States bankruptcy laws were enacted to eliminate those methods and protect those who are earning, and spending, but had a run of bad luck -- a medical issue; a divorce; a business venture that did not work out; a pandemic.  

We, as Californians, have had little control over what happened to us, and our state, this year.  The COVID-19 pandemic laughed at our collective efforts to work hard and earn income, and the recent fires (among other culprits) have destroyed homes and businesses across our beautiful state.  

None of this was your fault.  You worked hard, you filled out the paperwork, you hunkered down and tried to figure out what to do next.  What you can do now, though, is think about seeking federal bankruptcy protections, which the United States Constitution instructs Congress to enact for this very reason.


It is time to realize that a bankruptcy discharge -- not stringing yourself along on unemployment benefits -- is the way out of this nightmare.

For when it comes to bankruptcy, "F" does not mean failure.  In bankruptcy, "F" means Fresh Start. 


In a typical Chapter 7 bankruptcy, unsecured debts -- such as credit card debt -- are discharged. In other words, personal obligations to repay those unsecured debts are removed. If relocation (due to non-payment of rent or mortgage) is required, bankruptcy protections may include a homestead exemption that may be applied to a new home for you and your family. In this way, a fresh start in bankruptcy feels like fresh sheets -- a clean break from last week, last month, or even last year

My office provides free half hour, virtual consultations, during which we consider a potential client's assets and liabilities to see if bankruptcy is a viable option. If it is, a bankruptcy attorney will work to assist in every step of the bankruptcy process -- which typically lasts for just a few months. That means, by early 2021, you could wake up from this nightmare with something unemployment benefits are hard-pressed to provide -- a "reset" button on your finances.  

Start the next decade with no debt. We can only go up from here.  

Leah Michele Kaufman, Esq. is a Bankruptcy and business litigation attorney at Kaufman & Kaufman in Santa Ana, California. She practices with her father and mentor, Leslie Keith Kaufman, Esq.

Disclaimer. The content of this article is not legal advice, nor legal opinion, and should not be relied upon for individual situations. Legal counsel should be consulted for legal planning and advice. No lawyer-client relationship with Kaufman & Kaufman will be formed, and no information you want to keep confidential should be disclosed - through e-mail links or otherwise - to Kaufman & Kaufman, until the firm has conducted a "conflicts check" and you and the firm have signed a retainer agreement or an engagement letter.

Kaufman & Kaufman is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code, in the Central District of California. Kaufman & Kaufman does not practice or offer legal services in jurisdictions where firm lawyers are not licensed.

Questions about this article should be directed to Kaufman & Kaufman in writing. 

Click Here for more 

 

BREAKING NEWS FROM WASHINGTON Today the President signed into law four bipartisan, bicameral bills passed by Congress:
H.R. 2336, the "Family Farmer Relief Act of 2019," which increases the debt limit used to determine whether a family farmer is eligible for relief under chapter 12 of the Bankruptcy Code;   

H.R. 2938, the "Honoring American Veterans in Extreme Need Act of 2019" (HAVEN Act) which excludes from the calculation of monthly income, for purposes of the Bankruptcy Code's means test, certain benefits paid by the Department of Veterans Affairs and the Department of Defense;   

H.R. 3304, the "National Guard and Reservists Debt Relief Extension Act of 2019," which extends for 4 years, through December 18, 2023, the exemption from certain bankruptcy means-testing for members of the National Guard and reservists of the Armed Forces; 

and   

H.R. 3311, the "Small Business Reorganization Act of 2019," which establishes a subchapter within chapter 11 of the Bankruptcy Code under which small business debtors can reorganize using more simplified and expedited procedures.

link 

Debtor Electronic Bankruptcy Noticing History As Been Made.....

The Bankruptcy court recently announced a new pilot project aimed at speeding up notices from the Bankruptcy Court to debtors. The Bankruptcy Court selected certain law firms handling bankruptcy cases to assist with the testing of a pilot program called & Debtor

Electronic Bankruptcy Noticing; or DeBN & DeBN allows debtors to elect to receive entered orders and court-generated notices by email instead of by regular mail.

Only four bankruptcy courts are participating in this pilot
program and California-Central is one of them.
Kaufman & Kaufman became the first bankruptcy firm to participate in the DeBN Project at the U.S Bankruptcy Court California-Central Location. Our bankruptcy office was also the first to electronically-file the DeBN form on-line for our client.
So, we made HISTORY! This is a huge step in our ability to use the electronic system to our clients' advantage -- allowing our clients to receive notices from the court far more rapidly than
via the US postal service.
The ability for the debtor to receive court orders and court-
generated notices by email has several advantages:
Its fast - Debtors receive court orders and court-generated
notices the same day that their attorney does.

Its convenient - Debtors can read and/or save the court orders and notices on their mobile device, iPad, and home computer.
Its free - Court orders and court-generated notices can be viewed
an unlimited number of times on the debtor's mobile device or home computer at no charge.
Its green - less paper clutter.
To request more information to use this services to file your
Kaufman. We are located at 1001 N Ross St Santa Ana, CA.
‪#‎ocbankruptcy‬ ‪#‎occourts‬ ‪#‎ocbk‬ ‪#‎ocattorney‬

link 

STEPS TO FILE BANKRUPTCY Orange County, Ca

There are a number of steps which must be completed before your bankruptcy protection begins
A Petition must be prepared and filed with the Bankruptcy Court,
along with Schedules and attachments, including a Means Test and Certificate of Completion of Pre-Petition Credit Counseling.

Prior to filing it is important to gather the information
necessary to complete a Bankruptcy Petition. The best source for
information regarding your assets and creditors is your own
records. You may also find it helpful to obtain a credit report
to refresh your recollection as to your creditors. YOU DO NOT

NEED TO SUBMIT COPIES OF YOUR BILLS.

Evaluation of the information including your assets and creditors,
and available exemptions, will assist in determining whether you
need to file a bankruptcy case, and if so, which chapter(s) you
may file.

Once prepared and carefully reviewed, the Petition is signed under
penalty of perjury, and filed with the Bankruptcy Court.
About 30 days after your Petition is filed, you are required to
attend an administrative hearing. This is conducted by an
appointed Trustee (not a judge). At the hearing you will be sworn
in, and examined on the information under oath by the appointed
Trustee, and you may also be called upon to submit documents or
supporting information.

Prior to your Meeting of Creditors, you are required to submit to
the trustee a copy of your Federal income tax return for the most
recent tax year ending immediately before the commencement of the case, for which a Federal income tax return was filed (You have the option of providing a transcript of your return instead).

You are also required to produce certain personal identification
at your hearing, including government-issued photo identification
and evidence of your Social Security number.
Some Trustees also require you to submit additional information
prior to the hearing.
Attorneys charge different amounts for filing a bankruptcy.
Some attorneys charge a flat-fee, while others may add charges for services performed later, some attorneys charge hourly.

Some attorneys who charge reduced rates will not appear with you
at your hearing and will instead hire an "appearance attorney" or a "contract attorney" to "sit in" for them at your hearing. Be
sure to ask your prospective attorney if they use "contract
attorneys".

Some attorneys who charge reduced rates will not themselves
perform all of the professional services on your case, but may
instead use "paralegals" to do the work on their behalf. Be sure to ask your prospective attorney if they use "paralegals".

In some cases there are some services which are not included in
the initial retainer fee you may pay. Although rare, in the event
that a Motion for Relief from Stay, or another form of adversary
proceeding is filed against you by a creditor, or the trustee; or
if you wish to remove a lien against exempt property, or appear at
a reaffirmation hearing, additional fees may be required if you
wish a lawyer to represent you in such actions.
Some firms say they "will take payments". However all fees must be paid before your case is filed (except in a Chapter 13). So ask your prospective attorney if they will allow you to make
payments after your case is filed -- not likely.

link 

Bankruptcy Forms link 

Changes to Official Bankruptcy Forms Effective and Mandatory on December 1, 2015

2015 Bankruptcy Forms Overview

Most Official Bankruptcy Forms were replaced on December 1, 2015 with substantially revised, reformatted and renumbered versions.  The new forms are now accessible on the Forms page to download or view them, click here.  To access the revised Court Manual, click here.

Visit this link to watch the video https://youtu.be/pqUOQEga2Rc 

link 

2019.09.01 | 2016.06.01 | 2016.04.01 | 2015.12.01 | 2015.06.01 | 2015.03.01 | 2014.11.01 | 2014.10.01 | 2014.05.01 | 2014.04.01 | 2014.03.01 | 2013.04.01 | 2013.03.01 | 2013.02.01 | 2013.01.01 | 2012.12.01 | 2012.11.01 | 2012.10.01 | 2012.09.01

Link to web log's RSS file