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The consumer filing for bankruptcy or considering filing for bankruptcy

8th Circuit: Funds in Health Savings Account under Medicare Not Exempt

In re Leitch, 2013 W.L. 3722091 (Bankr. App. 8th Cir. 2013).

Funds held in a Health Savings Account under Medicare are not exempt in bankruptcy.

As a California law firm, Borowitz & Clark practices in the 9th Circuit, however, we thought our clients should be aware of this decision from the Bankruptcy Appellette Panel in the 8th Circuit.

Don't Forget the Credit Counseling Requirement!

In re Manalad, 360 B.R. 288 (Bankr. C.D. Cal. 2007)

Failure to obtain credit counseling prior to filing for bankruptcy is grounds for dismissal

Court: Social Security Benefits are Exempt in California Bankruptcy

In re Suttice, 487 B.R. 245 (Bankr. C.D. Cal. 2013)

Securing Social Security

You may stop working, but the bills won’t stop coming. In retirement, some people live off of pensions and other kinds of retirement income. If nothing else, almost everyone receives Social Security benefits. Unfortunately, that may be too little.

Third Parties Trying to Take Advantage of Automatic Stay in Chapter 13 Bankruptcy

In re Dorsey, 476 B.R. 261 (C.D. Cal. 2012).

Catch Her If You Can

Chapter 13 Bankruptcy Prevents Foreclosure of California Woman's Home

The tale of Chapter 13 bankruptcy and a home.

In re Hileman, 451 B.R. 522 (C.D. Cal., 2011).

The Story of Caridad

Caridad Hileman, a resident of California, filed for Chapter 13 bankruptcy. Unfortunately, her case was dismissed. Determined to avoid foreclosure, Caridad filed again a few months later.

The Automatic Stay 

Exemptions - Protecting property in Bankruptcy

The general goal of bankruptcy is to eliminate debt and provide a "fresh start" to those who have become overwhelmed by financial obligations. Many people erroneously believe that filing for bankruptcy means you lose everything but that would defeat the purpose of bankruptcy. Without a home, vehicle, or household goods and clothing it would be almost impossible to rebuild your life.

What Is A Chapter 7 Bankruptcy?

In today’s troubled economic times countless people are facing a wide variety of financial hardships. It can happen to anyone, no matter what your income or personal situation. Many times the financial hardship is caused by a disability, layoff, divorce, or simply just the cost of living outpacing the increase in income. If you find yourself drowning in debt, it is essential that you seek advice from an attorney who specializes in consumer bankruptcy to ensure that you learn about all your available options.

The Benefits of Filing Bankruptcy

Congress changed the bankruptcy laws in 2005 by passing the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The press coverage surrounding the enactment of BAPCPA left most people thinking that bankruptcy was no longer a viable option for people struggling through financial hardship. Fortunately, for millions of consumers who have experienced difficulty since then, these reports were incorrect. Bankruptcy, now more than ever, is still one of the most common and effective ways to provide much needed relief for millions of Americans suffering from too much debt.

The Myths of Bankruptcy

When people think about bankruptcy, they tend to become fearful or dread the idea. However, most of their fears are based on rumors or inaccurate information regarding how bankruptcy. Everyone's situation is different so you can't rely on what your friend or neighbor says about bankruptcy. Get the straight facts from a qualified professional. Here are some of the common myths about bankruptcy that we hear everyday.

Eliminate Your Medical Debt

Unexpected debts from medical bills can happen to anyone.

If you are struggling with medical bills, you are not alone. In fact, the average out-of-pocket medical costs for all medically bankrupt families was $17,943 (American Journal of Medicine, 2009).