§ 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)...
The means test was created to ensure that consumers who have the financial ability to repay some portion of their unsecured debt, do so in a Chapter 13 bankruptcy case. Just about every form of money received or paid on behalf of a prospective bankruptcy...
Federal bankruptcy law changed significantly in 2005 with the enactment of Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The Act was a result of a billion-dollar lobbying effort by the banks and credit card companies. It was aimed at reducing the number of bankruptcy...
A "bankruptcy estate" is an artificial entity created by federal law consisting of a bankruptcy debtor's legal and equitable interests as of the commencement of the bankruptcy case. The property of a bankruptcy estate is liquidated to repay creditors in a Chapter 7 case. §...
This article is the continuation of a blog that summarizes the property that is included in a debtor's bankruptcy estate. The first part addressed property acquired in various ways such as after the filing of the bankruptcy case. Part two described marital interests in property....
This article is the continuation of a blog that summarizes the property that is included in a debtor's bankruptcy estate. The first part addressed property acquired in various ways such as after the filing of the bankruptcy case. Part two describes marital interests in property. By...
Bankruptcy often provides a necessary fresh start for individuals experiencing financial problems and difficulty repaying debts. An experienced and qualified bankruptcy attorney may help reduce stress and uncertainty by providing valuable assistance throughout the entire bankruptcy process. After it is explained that the property in their...
Bankruptcy does have an effect on a person's financial state. Despite this, filing bankruptcy often provides a necessary fresh start for individuals experiencing financial problems and difficulty repaying debts. An experienced and qualified bankruptcy attorney may help reduce stress and uncertainty by providing valuable assistance...
When filing for bankruptcy, it’s important for all California residents to be aware of specific, important information about the rights afforded them by federal and state law. Alberto Montefalcon may provide this necessary information which includes the true benefits of filing a bankruptcy case. One of the...