If you are facing debt problems, bankruptcy may be a viable solution. The experienced Sacramento metropolitan area/Northern California defense attorneys at the Montefalcon Law Offices are here to help you if your financial position necessitates the consideration of a bankruptcy case filing under Chapter 7,...
Chapter 13 of the Bankruptcy Code provides for the adjustment of debts of an individual with regular income permitting a debtor to retain property and pay debts over a time period defined by federal law. By filing a chapter 13 bankruptcy case, debtors propose a...
Federal law, specifically Title 11 of the United States Code, sets forth the statutes governing the various types of bankruptcy relief. Different chapters of Title 11, specifically chapters 7, 11, and 13, detail the most common types of bankruptcy relief. Today's blog summarizes the type...
Congress, through its enactment of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), created what is known as "The Means Test" to determine potential bankruptcy debtors' ability to repay any of their general unsecured debt. Debtors compute their income as defined by...
Alberto Montefalcon serves individuals who need to file bankruptcy. Many are consumers, some married, some single, who need to address and solve their problems related to financial hardship. At times, some of these individuals operate their own businesses as sole proprietors. How does this affect...
A bankruptcy attorney's fees for the representation of a debtor are typically a flat fee in Chapter 13 bankruptcies. While these fees are not determined by the bankruptcy court, in some situations, court-approval may be required. Debtors and attorneys may freely negotiate a fee for...
An experienced and knowledgeable bankruptcy attorney such as Alberto Montefalcon may assist anyone whose financial situation necessitates the filing of a bankruptcy case. Prospective bankruptcy debtors need someone to provide them with information about their rights, including whether to file a bankruptcy case. Many prospective bankruptcy...
Unfortunately, bankruptcy debtors, especially those that represent themselves, often make errors on their bankruptcy petition, schedules, or statement of financial affairs. However, while they may correct any mistakes with the necessary amendments, retaining an experienced bankruptcy attorney like Alberto Montefalcon at the very inception of...
§ 1322(b)(1) of Title 11 provides that a Chapter 13 plan of repayment “ may modify the right of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence…” "Cramming down" a...
To learn about bankruptcy, contact Alberto Montefalcon, an experienced Sacramento metropolitan area/Northern California bankruptcy attorney. Contact his office online or schedule a consultation at any of our three conveniently located offices. Telephone our downtown Sacramento office at (916) 444-0440, our South Sacramento office at (916)...