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Monthly Archives: August 2010

Los Angeles Attorney Launches Virtual Bankruptcy Site; Individuals Can File Bankruptcy Online from the Privacy and Convenience of Their Home

21 August 2010

California Bankruptcy Attorney Chirnese Liverpool launched the online virtual bankruptcy center http://www.liverpoollegal.com The site allows individuals that need to file a Chapter 7 or Chapter 13 bankruptcy to do so completely online.

Attorney Liverpool conveys there are many benefits to being able to complete a bankruptcy online:

  • Not having to take off work and drive to your attorney’s office.
  • The entire filing can be completed securely online on their timeline.
  • Lower attorney fees.
  • Faster filing; there are no paper forms that normally would have to be reentered manually.
  • Complete privacy from any computer during the process.

One of Attorney Liverpool’s motivations in creating the virtual bankruptcy center was to make filing more affordable. “Filing online makes that possible.”

About Attorney Liverpool

Chirnese Liverpool is an attorney in Van Nuys (Los Angeles), California.  She is a member of the California and Nevada State Bars.  Mrs. Liverpool has helped to eliminate millions of dollars in consumer debt for her clients.

For bankruptcy services or to schedule a FREE consultation, please visit http://www.liverpoollegal.com

LAW OFFICES OF Chirnese L. Liverpool, PLLC
6277 Van Nuys Blvd. Suite 126   Van Nuys, CA 91401
818-714-2200 Tel
http://www.liverpoollegal.com
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Are California property taxes dischargeable in bankruptcy?

11 August 2010

A property tax is a tax imposed upon a person because of his or her ownership of property.

Here in California, there are two types of property taxes:

  1. Real estate taxes levied upon land owners by local municipalities, and
  2. Personal property taxes levied against business owners by local municipalities for ownership of personal property used in connection with a business.

Property taxes are dischargeable in bankruptcy if:

  1. the tax was incurred before you file bankruptcy, and
  2. the tax was last payable without penalty more than one year before you file bankruptcy.

Remember, however, that liens survive bankruptcy.

Property taxes are secured with a statutory lien against the property that the tax is assessed against.

Therefore, if you want to keep the property that the property tax was assessed against, you must pay the property taxes even if the debt is discharged in bankruptcy or the taxing authority can foreclose on the property.

If you would like to speak with a knowledgeable attorney regarding the discharge of property taxes in bankruptcy, contact me today to schedule a FREE initial consultation. Just fill out the Contact Chirnese form in the middle of the page and click the Submit button and I’ll get back with you as quickly as I can. Or just pick up the phone and give me a call at 818-714-2200. I’ll answer all of your questions in plain English so that you’ll have the information you need to make the decisions that will help you the most.

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Are HOA fees dischargeable in bankruptcy?

11 August 2010

Under the law, a person surrendering a condominium may discharge in bankruptcy whatever that person owes an HOA that arose BEFORE the date that they filed bankruptcy. However, the same law also says that person is indeed responsible to pay all HOA fees and assessments that come due AFTER the filing date of the bankruptcy, up until the time that person or the bankruptcy trustee no longer has legal, equitable, or possessory ownership of the unit.

In other words, the person who files bankruptcy will legally owe the money that accrues from the date that person filed bankruptcy up until the time that the foreclosure sale takes place and that person is no longer the legal owner, and provided that person, (or any tenant of that person) has moved out of the unit.

A person in this situation should ask their lawyer to explain why he or she appears to be unfamiliar with the provisions of Bankruptcy Code 523(a)(16), which is the applicable portion of the Bankruptcy Code. It is not a complex law, it is not a new law, and any lawyer practicing in the field of consumer bankruptcy has a duty to be aware of it when advising a client who will be surrendering a condominium.   

It is always possible that the HOA won’t come after such a person for the money that has accrued. There is always hope that they won’t. However, the HOA would have every legal right to do so as far as the bankruptcy law is concerned.

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Foreclosures up in 75 percent of top U.S. metro areas

1 August 2010

From reuters.com

Foreclosures rose in three of every four large U.S. metro areas in this year’s first half, likely ruling out sustained home price gains until 2013, real estate data company RealtyTrac said on Thursday.

Unemployment was the main culprit driving foreclosure actions on more than 1.6 million properties, the company said.

“We’re not going to see meaningful, sustainable home price appreciation while we’re seeing 75 percent of the markets have increases in foreclosures,” RealtyTrac senior vice president Rick Sharga said in an interview.

Foreclosure actions, which include notice of default, scheduled auction and repossession, in the first half rose in 154 of the 206 metro areas with populations of 200,000 or more.

“We’re not going to see real price appreciation probably until 2013,” Sharga said. “We don’t see a double dip in housing, but we think it’s going to be a long painful recovery for the next three years.”

Nine of the 10 metro areas slammed hardest by the foreclosure tidal wave improved from the first half of 2009, suggesting a peak at rates that are still up to five times the national average, RealtyTrac said in its midyear 2010 metropolitan foreclosure report.

Cities with the 20 highest foreclosure rates were all in Florida, California, Nevada and Arizona.

Las Vegas had the country’s highest metro foreclosure rate in the first half of the year, with 6.6 percent of its housing units, or one in 15, getting a filing. The number of properties getting a notice, however, fell 9 percent from the same period last year.

More than 3 million households are seen getting at least one foreclosure notice this year, and this record will be surpassed slightly at the peak of next year, RealtryTrac expects.

Banks will take over at least a record 1 million mortgages this year, RealtyTrac estimated earlier this month, noting that more than 5 million loans are seriously delinquent and face foreclosure.

FORECLOSURES TRACK HIGH UNEMPLOYMENT

All of the top 10 metro areas with the highest foreclosure rates, except for Phoenix, also had unemployment rates above the national average of 9.5 percent.

As long as unemployment hovers near 10 percent and unrelenting foreclosures hang over the market, prices cannot stage a lasting comeback. Home prices are about 29 percent lower, on average, than peaks set four years ago.

“If unemployment remains persistently high and foreclosure prevention efforts only delay the inevitable, then we could continue to see increased foreclosure activity and a corresponding weakness in home prices in many metro areas,” RealtyTrac Chief Executive James J. Saccacio said in a statement.

Home prices rose in May for the second month, still propped up by the crush of demand for homebuyer tax credits that ended April 30, according to Standard & Poor’s/Case-Shiller indexes.

But that momentum will not last, economists agree.

Unemployment and wage cuts are chipping away at confidence and could slice average prices as much as 10 percent before a gradual climb resumes, many housing experts predict.

Sharga said the recent nominal price increases suggest that lenders so far have managed the distressed property flow well and buyers are bidding for those houses when they do get listed for sale.

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Woman accused of forging bankruptcy Judge’s signature

1 August 2010

TEXARKANA — A woman who used to live in south Arkansas has been indicted on charges she forged the signature of a federal bankruptcy judge in an effort to free herself from debts. Terah Mumau of Fort Worth is accused of signing the name of bankruptcy Judge Richard Taylor of Texarkana onto documents that would free her from bankruptcy debt. Federal prosecutors said Mumau and her husband filed for Chapter 13 bankruptcy in February 2009. Taylor’s name was forged on Nov. 2, 2009, prosecutors said. The couple lived in Nashville, Ark., at the time of the bankruptcy filing. She later filed an address change with the court saying she had moved to Fort Worth, Texas, prosecutors said. Mumau is scheduled to be arraigned next week in U.S. District Court in Texarkana.

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How much does it cost to file a California Chapter 7 bankruptcy?

1 August 2010

How much does it cost to file Bankruptcy in California?

California bankrupty lawyer addresses a common bankruptcy question: How much does it cost to file Bankruptcy in California?

Answer: It depends on what Chapter you file.

Chapter 7 requires a $306 filing fee, Chapter 13 requires a $281 filing fee, and Chapter 11 requires $1,046 filing fee. These fees, however, are only filing fees and do not include attorney’s fees which may vary depending upon the complexity of each case.

Thus, to file bankruptcy in California will vary depending upon what chapter a debtor files and the complexity of the case. An experienced bankruptcy attorney should be consulted to get an actual cost to file bankruptcy.

If you have a question regarding Bankruptcy in California please contact the Law offices of Chirnese L. Liverpool at (818) 714-2200 or visit www.liverpoollegal.com and we can connect you with one of our experienced California Bankruptcy Attorneys.   If you have questions about filing a chapter 7 bankruptcylien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have helped clients located throughout California and can assist with your bankruptcy needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

 

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Chapter 7 bankruptcy: 101

1 August 2010

During these most uncertain times, many hard-working Americans are finding themselves overwhelmed by financial problems. It can happen to even the best of people, no matter what tax bracket they may qualify for. If these circumstances do happen to you or anyone you know, it is very important that all options of relief are considered. However, most are finding that filing for Chapter 7 bankruptcy is the best alternative for financial relief.

How It Works:

The most frequent type of bankruptcy is Chapter 7, which is also referred to as a ” “liquidation” bankruptcy, that cancels out your debts. The entire legal process takes about three to six months, costs $299 in court filing fees, and commonly requires only one visit to a hearing. The court proceedings will liquidate any non-exempt belongings of the borrower. Examples of exempt belongings that will avoid liquidation can be a house, car, tools of a business, or a number of approved, personal items. However, the exemption differs from the state and federal laws, so it recommended to clarify your state’s laws before filing. Once the non-exempt belongings are liquidated, the amount gained from selling the borrower’s assets are distributed amongst the creditors involved, in order to pay off the debt. After the proceedings, the court frees the borrower of all their dischargeable debts, giving them a fresh financial start.

The Automatic Stay Sometimes referred to as “bankruptcy’s magic wand”, the automatic stay puts into effect an “Order For Relief” upon filing, which immediately puts a stop to most creditors who are trying to collect what you owe them. They cannot garnish your wages, go after your house or car, or cut off your utilities or welfare benefits.

Who Is Eligible:

There are a few requisites for eligibility in a Chapter 7 bankruptcy case. Under the new bankruptcy laws, you must measure your current monthly income over the last six months against the median income of a family your size in your state. If your income is equal or less than the median income, you are eligible to file for a Chapter 7. If your income is over the median, you must pass “the means test”. The purpose of “the means test” is to judge whether you have enough disposable income to repay a portion of your debt over a five year period. If you have already obtained a discharge of your debts within the last eight years from a Chapter 7, or within six years of a successful Chapter 13 filing, you won’t be able to file for Chapter 7 bankruptcy.

How To File To file for Chapter 7 bankruptcy:

You will need to fill out a number of forms and file them with the bankruptcy court in your area. The forms will ask you to describe your property, income, living expenses, debts, personal property, and money spent and property owned and sold within the last two years. It is recommended that the first thing you do is call an accredited attorney in your area for a free debt consultation. If you are seriously considering bankruptcy and you live in California, you need to consult with a California bankruptcy attorney. While the process appears complicated, a California bankruptcy lawyer will be able to help you understand your options and avoid making bad decisions that you could later regret. If you are over-burdened with bills and cannot see any light at the end of the tunnel, bankruptcy may be the best option to help you get that much needed clean slate and allow you to rebuild your future. The Law offices of Chirnese L. Liverpool specializes in bankruptcies. Every day, we help people get out from under debts from $10,000 to $1,000,000 and higher.

You need Liverpool Legal. Our law firm is qualified to bring you the fastest debt relief, and do it right the first time.

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Should I sign my home reaffirmation agreement?

1 August 2010

This article was originally posted on National bankruptcy forum and I thought my readers would enjoy this article.

Should I Sign A Reaffirmation Agreement On My Mortgage After Filing For Chapter 7?

After filing a Chapter 7 bankruptcy, you or your attorney may receive what’s called a “reaffirmation agreement” from your mortgage lender, likely accompanied by a letter trying to convince you that you should sign it. What that letter is not going to tell you is the most important piece of information – why signing is NOT in your best interest. That is what I am going to explain to you here.

A reaffirmation agreement is basically a brand new legal contract that revives your personal liability on the mortgage note – a liability that will otherwise be wiped out when you receive your discharge in your bankruptcy case. What this means to you is that if sometime down the road, say, 2 or 5 or 10 years from now, you come upon hard times again and can no longer afford to make your mortgage payments, your lender would not only be able to foreclose and take your home, but the mortgage company can also file a lawsuit against you for the deficiency from the foreclosure sale (ie, the difference between what you owe on the mortgage loan and the amount the property sold for at the foreclosure sale). For example, if you owe $200,000 on your mortgage loan, and your home is worth only $150,000 at the time of the foreclosure sale, then if you sign a reaffirmation agreement now, you could legally owe your lender $50,000 even though you no longer own your home. That is a HUGE risk to take for very little reward.

Now, the reasons that your lender will give you to try to get you to sign the reaffirmation agreement will certainly sound enticing: start receiving monthly billing statements again, reestablish automatic debit payments, have your positive payment history reported to the credit reporting agencies, yada yada yada.

But you have to ask yourself whether those are nearly good enough reasons to put yourself back on the hook for a liability of tens or hundreds of thousands of dollars in the future. I say: not hardly. Just keep making your mortgage payments and comply with all the other terms in your mortgage loan documents (property taxes, insurance, etc), and if you have any problems with your lender, then come talk to us.

Now, if your lender is willing to re-negotiate the loan, lower the interest or the principal owed, or somehow entice you into an offer you cannot refuse, then we may be willing to talk about it.

For more information regarding Chapter 7 bankruptcies contact the bankruptcy law offices of Chirnese L. Liverpool at (818) 714-2200.

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