In California, an EDD overpayment can be discharged in bankruptcy unless there was some fraud or misrepresentation involved.

Although, it is discharged in bankruptcy, they have the right to “recoupment” which basically says that if you file for unemployment again in the future, they can withhold from your future payments any “overpayment” that was made to you until that balance is paid off.

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If you currently receive Social Security or other federal benefits payments by check, you are required by the U.S. Department of the Treasury to switch to an electronic form of payment by March 1, 2013.  With less than 1 month remaining before the deadline, you should act now.

You can switch to direct deposit, or you will have your federal payment converted to a Direct Express card account, where recipients receive a single prepaid Direct Express card on which the money is added monthly.

For more information, visit godirect.org

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DON’T PAY ON DEBTS, EXCEPT THE ONES WE TELL YOU TO PAY Many Clients leave our office and pay on debts that don’t need to be paid. This is a waste of money that could be better used to take care of you and your family. Call us at (818) 714-2200 with any questions.

STOP MAKING PAYMENTS ON YOUR CREDIT COUNSELING PROGRAM Once you make the decision to file bankruptcy, it makes no sense to continue making payments on this type of program. Stop making payments immediately. That money can be better used to take care of your family or to get the money in to us, so that we can finish your bankruptcy filing. Dealing with automatic withdrawals: If your credit counseling program is taking money out of your bank account or directly out of your paycheck, immediately take whatever steps are necessary to stop the withdrawals. If you have any questions, call us.

STOP USING YOUR CREDIT CARDS You should stop using your credit cards right now, especially if your intent is to get rid of the credit card debt in your bankruptcy case. Using a credit card after you come to see us, with no intent to pay it back, would be considered fraud; and it could have a negative affect on your right to get a bankruptcy discharge.

WHAT TO SAY TO CREDITORS If a creditor calls you, tell them: “I cannot pay.” If they keep talking, tell them: “Do whatever you need to do.” Then hang up the phone.  DO NOT LET ANY CREDITOR INTO YOUR HOME. If something bad happens, call us for help.

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If you are filing your bankuptcy petition directly with the court clerk, it is very important you bring your documents to the clerk in the correct order.

Chapter7_OrderofDocuments

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So you received a ticket for driving with a cell phone?  You’ve been searching all over the internet to find out how many points the VC § 23123(a).  

Well I wont keep you waiting any longer.  Right now, the violation of V C Section 23123 Hand Held Wireless Telephone Prohibited Use is zero points.  So you still dont beleive me and need proof?  Try searching for 23123 right here.

In case you are looking for a traffic ticket attorney in California, contact our office at (818) 714-2200.

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If I Forget To List A Creditor, Can It Still Be Discharged?

The Bankruptcy Code requires you to list all of your debts, assets and sources of income.  If you inadvertently leave a creditor off your petition, it can be added by amending the petition to include the debt, provided your case hasn’t been closed by court and the trustee hasn’t made any distributions to creditors.  Amendments are ideally done before the close of your bankruptcy case.  Because an amendment is an extra action that our office will have to take, there is a charge for this.  If the fee to amend your petition is less than the debt, it probably makes sense to amend your petition to include it.  If you don’t amend, you will be liable on the debt and your bankruptcy discharge will not protect you from the future collection actions by the creditor.  If you realize you left a creditor off your petition after your case is closed, your case can be reopened to add the creditor unless your case was an asset case – meaning the Trustee liquidated assets and paid creditors some amount toward your debts.  In these situations, you will be liable for the old debt.  There is also a fee to reopen a bankruptcy case once it has been closed.

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Oftentimes, stressed out clients want to know – what does my office do for them after they have retained our office.

Well, at the Law Office of Chirnese L. Liverpool, here is a sample of the things that we do for you:

• We let you know you’ll keep your job because you’ve saved your car from being repossessed.
• We give you room in your mailbox for holiday cards instead of bills.
• We let your answering machine be empty when you come home from work (except for calls from loved ones).
• We let you answer your phone without your heart seizing with fear that it’s someone calling to attempt to collect a bill.
• We let you know your kids will be going to the same school next fall, because you’ve saved your home from foreclosure.
• We let you sleep at night.

Oh, and we also deal with creditors and the Court, prepare and file pleadings, argue on your behalf, and do all of the other “lawyer work.”

But what our clients remember is the important stuff above. *That* is what we really do.

If you would like to discuss how our office can help you to have peace of mind, give us a call today at (818) 714-2200.

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I wanted to repost this article for my readers.  I found it online at http://www.topclassactions.com

Award (how much your claim may be worth): Homeowners can receive a number of benefits from the $25 billion National Mortgage Foreclosure Settlement, including a CASH payment of at least $840. Some homeowners will receive additional cash payments of up to $2,000 and the chance to receive $20,000 to $100,000 in principal reduction or the opportunity to refinance.

Class Action Lawsuit Settlement Case(s):  United States of America, et al. v. Bank of America Corp., et al., Case No. 12-cv-361-RMC, U.S. District Court, District of Columbia.

Company(ies): BANK OF AMERICA CORP.; BANK OF AMERICA, N.A.; BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING; COUNTRYWIDE HOME LOANS, INC.; COUNTRYWIDE FINANCIAL CORP.; COUNTRYWIDE MORTGAGE VENTURES, LLC; COUNTRYWIDE BANK, FSB; CITIGROUP INC.; CITIBANK N.A.; CITIMORTGAGE, INC.; J.P. MORGAN CHASE & CO.; JPMORGAN CHASE BANK, N.A.; RESIDENTIAL CAPITAL, LLC; ALLY FINANCIAL, INC.; GMAC MORTGAGE, LLC; GMAC RESIDENTIAL FUNDING CO. LLC; WELLS FARGO & CO.; WELLS FARGO BANK, N.A. 

Address to submit a claim form (REQUIRED):

The only way to receive benefits from the National Mortgage Foreclosure class action settlement is to submit a claim form either online at http://www.nationalmortgagesettlement.comor to the address listed on the Settlement Notice that was mailed to you no later than January 18, 2013.

Phone Number to call for assistance: (866) 430-8358

Details:Claim Forms are being sent to 2 million U.S. home borrowers who lost their homes to foreclosure during the financial crisis of 2008 to 2011. Roughly $25 billion in relief has been established under the National Mortgage Settlement to go to borrowers who submit a claim form by the January 18, 2013 deadline.

Borrowers are warned to watch out for scams regarding the National Mortgage Settlement. You should not need to pay anyone to file your claim. Here’s more information:

What is the National Mortgage Foreclosure Settlement?

The historic $25 billion national foreclosure settlement was reached in February 2012 and approved in May 2012. It was negotiated by 49 states and the federal government to provide financial relief to borrowers who had their mortgages serviced by Ally/GMAC, Bank of America, Citi, JPMorgan Chase, and Wells Fargo and lost their homes between January 1, 2008 and December 31, 2011.

It is similar to a class action lawsuit settlement in that it provides relief to a nationwide class of homeowners who were victims of foreclosure abuse (except for borrowers in Oklahoma).

Last week, the Settlement Administrator mailed notification postcards to eligible borrowers, and State Attorneys General will be mailing packets containing a claim form, instructions and answers to Frequently Asked Questions through the middle of October.

Eligible borrowers are urged to complete their claim forms and return them as soon as possible, or file them online at www.NationalMortgageSettlement.com. The deadline to file a claim for the National Foreclosure Settlement is January 18, 2013. Payment checks are expected to be mailed in mid-2013.

What Does the National Mortgage Foreclosure Settlement Provide?

Under the national mortgage settlement, Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally Financial agreed to reduce the principal on loans held by underwater homeowners, refinance some mortgages to the current low interest rates, and compensate those who lost their homes to improper foreclosure practices.

The banks also agreed to stop “dual-tracking,” or evaluating homeowners for mortgage modifications while simultaneously initiating foreclosure proceedings on them, as well as to stop “robo-signing” — using false documentation to rush homes into foreclosure.

Of the roughly $25 billion national mortgage settlement, at least $17 billion will go to reducing principal for borrowers who are underwater. These eligible borrowers will be able to receive about $20,000 in principal reduction from four of the banks, while Bank of America borrowers will average $100,000 or more.

Another $3 billion of the settlement will go toward refinancing mortgages for borrowers who are current on their payments, allowing them to take advantage of the historically low interest rates that are currently available.

The banks will also pay $5 billion to the states and federal government to pay homeowners who lost their homes to foreclosure. This fund will provide cash payments of $1,500 to $2,000 to eligible borrowers who lost their home to foreclosure between January 1, 2008 and December 31, 2011. The Settlement Administrator will send claim forms to persons eligible for this cash restitution.

How Much Will Money Will I Get from the National Mortgage Foreclosure Settlement?

You may be eligible to receive a payment of at least $840 from the National Mortgage Settlement. This estimated payment amount is based on 100% of all eligible borrowers submitting Claim Forms, and therefore the payment you receive will very likely be higher. Borrowers who receive payments will not have to release any claims and will be free to seek additional relief in the courts.  Borrowers may also be eligible for a separate restitution process administered by the federal banking regulators.

How Do I Know if I’m Eligible for Payment as a Foreclosure Victim?

You are eligible to file a claim for the Nation Foreclosure Settlement if you meet the following requirements:

* Your loan went to foreclosure sale between January 1, 2008 and December 31, 2011.
* The loan was serviced by one of the five mortgage servicers participating in the settlement.
* The borrower made at least three payments on the loan.
* The borrower lived in or intended to live in the property at the time of origination of the loan.
* The property was a one-to-four unit residential property.
* The unpaid principal balance of the first-lien mortgage loan did not exceed $729,750 for a one-unit property; $934,200 for a two-unit property; $1,129,250 for a three-unit property; or $1,403,400 for a four-unit property.

Settlement Notice postcards and Claim Form packets will be automatically mailed to eligible borrowers through the middle of October. If you did not receive a notice or packet, and believe you are eligible, you may contact the Settlement Administrator at 1-866-430-8358.

How Do I File a Claim for the National Mortgage Settlement?

The only way to receive a payment of at least $840 cash from the settlement is to file a Claim Form by the deadline of January 18, 2013. Claim Forms can be mailed to the Settlement Administrator or filed online at www.NationalMortgageSettlement.com.

Beware of Scams

Homeowners should be on high alert for settlement-related scams. Do not provide personal information or pay anyone who calls or emails claiming that they are providing settlement-related assistance. You should not need to pay anyone to file your claim.

If you need help filing your claim, contact the Settlement Administrator at 1-866-430-8358 Monday through Friday from 5 a.m. to 5 p.m. PT, or check out the Frequently Asked Questions section of the National Foreclosure Settlement website at www.NationalMortgageSettlement.com.

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Its not required that both spouses file a joint bankruptcy petition. Oftentimes when there is not a lot of joint financial obligations, and only one spouse is financially in trouble, then only one spouse will file.

So, if your spouse files for bankruptcy and completes the bankruptcy resulting in a discharge of all of their liabilities, then the creditors can no longer attempt to collect a debt from them (or else they are in violation of the automatic stay).

But what about you?  You did not file for bankruptcy, can they still collect the debt from you?  Well it depends,  were you legally responsible for the debt (co-signer) or were you simply listed as an authorized user on the account?  If you were a co-signer of the debt then, yes, they can still attempt collection efforts against you.  If you were simply an authorized user on the account, then no, they cannot attempt to collect from you.

If the collection attempts are getting unbearable, please contact the Law Office of Chirnese L. Liverpool to determine whether bankruptcy is a good option for you.  We can be reached at (818) 714-2200.

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Signs of a Great Bankruptcy Attorney

You’ve worked hard to establish yourself, but now bankruptcy is now knocking at your door. You are now being bothered by creditors who keep on nagging you to pay your bills. Your mail box is over flowing with piles of unopened bills and notices. What should you do? Find a great bankruptcy lawyer. A bankruptcy lawyer should be able to help you out with your financial problems.

But how and where do you find a good bankruptcy lawyer? What are the qualities to look for in a good bankruptcy attorney to know if this lawyer can truly help you with your financial woes?

Listed below are the qualities that a good bankruptcy lawyer should have:

1. She should be able to give you sound advice in order for you to have a good financial future.
2. She should be able to clearly explain the nature of your case to you. It is her job to be familiar and updated with the new changes in the bankruptcy law. If she can properly convey that information to you, and make you understand your options even more, this will help a lot.
3. She should be fairly available when you need to talk to her.  This can be either by phone or email.
4. She should provide you information on the entire process and what to expect.
5. She should also be able to suggest other alternatives that are possible if bankruptcy is not your best route.

Aside from these qualities, you should also consider your budget for the professional fee of the lawyer. Make sure that you get a good bankruptcy lawyer that charges a reasonable fee.

Once you find the perfect candidate to help out with your financial situation, bear in mind to schedule a consultation.  It is important to feel comfortable with the lawyer before investing your money with her.

At the end, finding the right bankruptcy lawyer to help you with your financial situation entails a little work but it is definitely a good investment.

If you live in California or Nevada and are looking for a great bankruptcy attorney, contact the Law Office of Chirnese L. Liverpool at (818) 714-2200.

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Upon receiving a bankruptcy discharge, many individuals find out that they are still in Chex Systems, Telecheck and SCAN.  These agencies are all subject to the Fair Credit Reporting Act (FCRA) and must report accurate information.

Individuals end up with these reporting agencies usually because their bank account was closed due to fraud, insufficent funds, returned check or some other reason that you owe the financial institution money.  HOWEVER, if you successfully complete your bankruptcy and receive a bankruptcy discharge, than your financial liabilities to these banks should now be $0.00.  Since Chex Systems, Telecheck and SCAN report the “financial obligation” owed by the debtor, they must report the account as “$0.00 owed, discharged in bankruptcy” (or some other legalese)   Once you no longer owe a financial obligation, then you can take the following steps.

Chex Systems:

Chex Systems does have a department that deals with those that have filed for bankruptcy bankruptcy relief.  You just need to fax over the document you received when you filed (you don’t have to wait for discharge papers) your bankruptcy.  It shows the date of filing, the case number, the trustee and judge, etc.  Chex Systems fax number is (602) 659-2197.

If you prefer to mail it in, Chex Systems address is:

Chex Systems, Inc. , 7805 Hudson Road, Suite 100, Woodbury, MN 55125

Telecheck:

You can also notify Telecheck of your bankruptcy discharge by sending in a copy of your discharge notice to the following fax number: (402) 916-8160.

If Chex Systems, Telecheck and SCAN are not notified of your bankruptcy discharge, you will stay in their system for up to 5 years.

If you are tired of the bill collectors harassing you and are interested in filing for bankruptcy, then contact our bankruptcy office – The Law Office of Chirnese L. Liverpool at (818) 714-2200 to see how we can help you to get debt relief.

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If you found this article, its probably because your bank account is frozen due to a creditor bank levy or lien. If a creditor has seized your bank account, an option to quickly “unfreeze” your account is to file for bankruptcy. In fact, it may be your only option. It is very hard to live without a bank account. As you know, you use your bank account to pay for groceries, household items and other basic necessities. A frozen bank account can be disastrous for most people.

When you file for bankruptcy in California or Nevada no judgment creditor is allowed to place a lien on your bank account. If you already have a lien on your bank account due to court judgments from credit card bills or other debts, it will be removed immediately. In some cases, some of the monies removed from your bank account may be returned. The key is to act quickly to make sure that no other judgment creditors place a “freeze” on your account and to try to recover any money a creditor may have received through your bank account. There are special bankruptcy rules that apply in those situations. A California bankruptcy attorney can give you additional information and options based on your specific situation.

For a free bankruptcy consultation contact our Los Angeles bankruptcy law firm, Law office of Chirnese L. Liverpool via phone at  (818) 714-2200.

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Filing bankruptcy can help you improve your credit score.

What? Am I crazy? How can filing bankruptcy help you to improve your credit score? Keep reading!

Mounting medical bills not covered by health insurance, high credit card debt, job loss, divorce, these are all reasons that may cause a person to file for Chapter 7 bankruptcy.

Depending on your ability to obtain new credit, being back in the 600 credit score range in a short period of time after filing chapter 7 bankruptcy is possible.  Here are some ways that Chapter 7 Bankruptcy may help increase your credit score and help you get your financial life back on track:
• You can apply for credit immediately after you receive your bankruptcy discharge.
• You can get a new vehicle loan as soon as one month after receiving your bankruptcy discharge (however you may have a higher interest rate).
• If you have the income, you may qualify for a government backed mortgage 2 years after your bankruptcy discharge is entered.
• By buying a new home, vehicle, or getting new credit cards and making your monthly payments on or before your due date – your credit score may rise in a short period of time.
Remember that filing a Chapter 7 Bankruptcy can help get you debt free and let you start again with a clean slate. For legal assistance and more information please contact our bankruptcy attorneys at the Law office of Chirnese L Liverpool at (818) 714-2200 for your free bankruptcy consultation.

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Possible dangers of filing your bankruptcy with a BPP paralegal.

The bankruptcy rules do not require that you have a bankruptcy attorney in order to file for Chapter 7 or Chapter 13 bankruptcy.  In fact, the bankruptcy rules allow you to have a Bankruptcy Petition Preparer (BPP) fill out your bankruptcy forms for you.  So why should you pay an attorney, when you can pay a BPP to fill them out for you.

First of all, under the rules, the BPP’s are not attorneys.  So they cannot give you legal advice regarding your situation.  Only attorneys can assess your situation and give you legal advice under the law.  BPP’s are supposed to simply type up your documents under your direction.  If you could direct someone to do it, then you could possibly do it yourself.

BPP’s are not required to take any bankruptcy courses or have any formal experience with bankruptcy petitions.  You could be their very first client.  Or, they may mess up your case causing you to lose your home, vehicle, 401k, and/or other assets.

BPP’s are not permitted to assist you at your 341a meeting of the creditors.  Your bankruptcy attorney will prepare you for what to expect at the meeting of creditors and go with you to the 341a meeting of the creditors.

If you are thinking of filing bankruptcy either on your own or through a petition preparer, it may be beneficial to seek a free consultation with a bankruptcy attorney.

The law office of Chirnese L. Liverpool helps people just like you everyday, contact us to schedule your free phone consultation at (818) 714-2200 or visit our website at http://www.liverpoollegal.com

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You want to be prepared to meet with your bankruptcy attorney, but you don’t know which documents to gather…Let us help you create a basic list.

So get the key out, its time to unlock that document drawer with all of your important documents, this is what you may need:

• Proof of all income for the past six months
• Information on your living expenses
• A complete list of your assets and your liabilities (debts)
• Filed tax returns for the last two years
• All bank statements for the past three months

Each bankruptcy lawyer is different, and will want different things from you, but this is a nice list to get you started.

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What is an Emergency Bankruptcy Petition?

In California, we are permitted to file an Emergency Bankruptcy Petition.  An emergency bankruptcy petition, is simply a skeleton bankruptcy petition.  It only includes the very bare information needed in order to file a bankruptcy and get a bankruptcy case number.

Whats included in the bankruptcy Emergency Petition?

When we file an Emergency bankruptcy petition in California, we must include the following documents:

1) Voluntary Petition

2) Exhibit D along with Certificate of Credit Counseling

3) Creditor Matrix

Why would I file an Emergency Bankruptcy Petition?

Most people that file an emergency bankruptcy petition, are trying to get a bankruptcy case number and get automatic stay protection that comes along with filing a bankruptcy in order to stop a home foreclosure, wage garnishment, bank levy, or lawsuit.

When is the rest of the petition filed?

The rest of the petition – the meat of the petition – must be filed within 14 days, otherwise, the bankruptcy case will be dismissed.

If you are thinking of filing a chapter 7 bankruptcy, contact the Law Office of Chirnese L. Liverpool at (818) 714-2200 for your free phone consultation.

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90% of the clients that I meet with, want me to scrape everything off my desk and work on their file first.

I tell all of my clients that if they give me everything that I need, I will have their petition to them in less than a week.  In reality, it buys me a little cushion time, because 90% of petitions, I have a first draft to my client for their review within 2 business days.  But sometimes, thats not fast enough for these clients, and they want it filed immediately.

what does my office consider an Emergency bankruptcy? – An emergency bankruptcy to me, is one where the client has one of the following about to occur within the next 2 days or has already occurred?

1) Home being sold in foreclosure

2) Wage Garnishment

3) Bank Levy

These types of bankruptcy cases will always get priority in my office, because they are time-sensitive.  If a client has EVERYTHING that I need to prepare the emergency bankruptcy petition, we can often do it in my office when they meet with me or the same day that they bring in their payment.

What is a Rush Bankruptcy Filing? basically, the client wants you to do it immediately, and cannot provide me with one of the above valid reason for doing so? lol.  As I understand that this is a sensitive time for my clients, I do my best to accommodate any rush bankruptcy filing requests that my client may present me with, in order to give my clients peace of mind.

If you are in need of an Emergency  or Rush bankruptcy filing, give the Law Offices of Chirnese L. Liverpool a call today at (818) 714-2200.

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Written by North Carolina Bankruptcy Attorney

A proof of claim is generally filed by a unsecured creditor in order to  receive payment distributions from the bankruptcy trustee. A claim is allowed, unless it is objected to by a debtor.

In a chapter 13 case, the distributions are paid from the debtor’s plan payments. Typically, a creditor has 90 days from the first meeting of creditors (341) to file their proof of claim.

In a chapter 7 case the distributions are paid out of the debtor’s liquidated non-exempt assets. If the trustee files a Notice of Possible Dividends in a chapter 7 no asset case, the will be sent a notice of the deadline (bar date) by which a claim is due.

If a creditor fails to timely file their claim within the time prescribed their claim will not be allowed.

A good place to start, if you have questions like these is to talk to a Bankruptcy Attorney in your area.

Chirnese L. Liverpool is a bankruptcy attorney located in Southern California, Her contact number is 818-714-2200.  Ms. Maxwell is a contributor to this blog and helps debtors file bankruptcy in Charlotte North Carolina  her contact number is 704-461-1883.

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My clients have all different types of credit cards.  Some of my clients even have credit cards that offer frequent flyer airline miles, that allow you to redeem the miles for an airline ticket after they have accumulated enough airline miles.

So I occasionally get asked, will I lose my frequent flyer airline miles if I file for bankruptcy?  and my answer, is a typical attorney answer, “well it depends”.

The “it depends” all turns on whether or not, the frequent flyer airline miles, would be considered an “asset” in a bankruptcy case.  For the sake of argument, say that it is determined to be an asset – then in most states, like California, the client would hopefully have enough “wild-card exemptions” to cover value of the frequent flyer miles and therefore, they would be able to keep the frequent flyer miles with no problem.  If it’s not determined to be an “asset” then it does not have to be listed on the bankruptcy petition and schedules.  Whether its determined to  be an asset or not has a lot to do with the legal language included in the contract when the debtor signed up for the frequent flyer credit card.  You could discuss this with your California bankruptcy Attorney to determine whether your frequent flyer miles would most likely be an asset or not.

If the person happens to have a credit card where they accumulate points – that may be an entirely different scenario.  In that case, I would recommend my client to convert their points to miles or giftcards or gifts prior to defaulting on their credit card minimum payments.  Then I would recommend that we list the value of the giftcards/gifts on the bankruptcy schedules and exempt them so that the client could be able to keep them.

Each individual’s situation could be different and I would advise you to speak with an experienced bankruptcy attorney when determining whether you would be able keep your frequent flyer miles/points.  If you need to speak with a California bankruptcy attorney, contact the Law Office of Chirnese L. Liverpool at (818) 714-2200.

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Most responsible individuals understand the importance of a clean driving record. However, if you think that a moving violation is no biggie,  think again. Some moving violations are merely traffic citations and are only punishable by a fine only; however, they may still have a crucial impact upon your driver’s license status due to an intricate Department of Motor Vehicles (DMV) demerit point system. Not all moving traffic violations are assessed the same point value by DMV. Based on the severity of your charge, a moving violation can carry serious repercussions from both DMV and the courts to include: license suspension or revocation, community service, excessive fines, penalties and assessments, increased automobile insurance premiums, and jail time.

One of the biggest mistakes any motorist who receives a California  traffic citation can make is to pay a fine by mail before consulting a skilled traffic law attorney. We have helped our clients to reduce their fines and keep their driving records clean. You can rely on our experience to help you get the best possible outcome for your moving violation. Contact us for a free initial consultation.

If you are convicted of a moving traffic violation, DMV will post the conviction on your driving record, assign you as many as 6 demerit points [including convictions from other states] according to the severity of the offense, and possibly notify your automobile insurance company. The number of years that the conviction stays on your DMV record depends on the severity of the violation. In some cases, the conviction remains on your record permanently. The traffic law defense attorneys at The Law Offices of Chirnese L. Liverpool can assist you with properly defending your California moving violation.

If you are interested in a free phone consultation, call us today at (818) 714-2200.

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