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Can EDD Overpayments be discharged in bankruptcy?

19 February 2013

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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Whats the difference between an Emergency Bankruptcy Filing and a Rush Bankruptcy Filing?

2 October 2012

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

Whats the difference between an Emergency Bankruptcy Filing and a Rush Bankruptcy Filing?

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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If I file bankruptcy, can I keep my frequent flyer airline miles?

2 October 2012

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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Providing a copy of your tax returns to your trustee

18 September 2012

The bankruptcy code and rules require a California Chapter 7 bankruptcy debtor to send a copy of his or her most recent federal income tax return (or transcript) within the last seven years to their bankruptcy trustee.  This must be done at least 7 days before the 341a meeting of the creditors.  However, the tax return should be sent over to the trustee as soon as the case is filed.  Why?  The bankruptcy code also allows a bankruptcy filer to provide a copy of his or her tax return to a creditor, upon request.  But, the creditor’s request only needs to be honored if it is made before the bankruptcy filer provides a copy of the tax return to the trustee.  In other words, once you provide a copy of your tax return to the bankruptcy trustee the creditor has no right under the law to require you to turn over your tax return.  If you wait to provide your tax return until the deadline of seven days before the 341a meeting you run the risk that a creditor will make a request for a copy of your tax return.  Tax returns contain a lot of private and personal information and frankly, the fewer persons who have a copy the better.

If you fail to give your bankruptcy trustee  a copy of your most recent tax return at least 7 days prior to your meeting, then your case can be dismissed.  If you don’t have a copy of your return you or your attorney can request a tax transcript.

California bankruptcy attorney Chirnese L. Liverpool can represent you in your Chapter 7 or Chapter 13 bankruptcy case and make sure your tax information is handled properly.  Fill out our online form or call 818-714-2200 to schedule your free initial consultation.  We help people all over California and Nevada get a fresh start through bankruptcy.  Consultations are available in office or by phone.

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Which debts will I still owe after my bankruptcy is discharged?

18 September 2012

Not all debts will be discharged in a chapter 7 bankruptcy.  Some debts that are not dischargeable (you will still owe after you receive your bankruptcy discharge) are student loans, alimony, child support and most taxes.  Alimony and child support are never discharged.  Student loans are only dischargeable if there a lawsuit filed in the bankruptcy alleging Undue Hardship.  I tell most of my clients, that unless you are generally worse off than Jamie Foxx in the movie the Soloist, then most likely, your lawsuit for Undue Hardship will not be successful.  Student loan hardship discharges are very rarely granted.

Most income taxes are not dischargeable.  There are some complicated rules that go along with getting your income tax liabilities discharged.  This article goes into detail about the requirements for discharging income taxes.

In addition, debts incurred thru fraud are non-dischargeable.  However, the creditor must file an adversary proceeding and prove that the debt was incurred thru fraud.  But the general rule, is that debts incurred through fraud are not dischargeable.

Criminal fines and restitution are not dischargeable as well.  So if you owe restitution or a traffic ticket, those obligations will not be discharged in your bankruptcy, so you should go ahead and pay those.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Bankruptcy gives protection to people in financial trouble who are drowning under piles of debt. Because of today’s difficult economic times millions of people are exercising this protection of filing bankruptcy, Chapter 7 or Chapter 13. The bankruptcy laws were created by Congress to provide relief to those who have been victimized by the rising rate of unemployment, inflation, staggering medical bills, disability, high interest rates, foreclosure, divorce or identity theft.

We are a debt relief agency and can help you reduce or eliminate your liabilities and keep your property. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. We can assist you and your loved ones with filing for bankruptcy and the avoidance of judgments. To review the fees and costs associated with filing bankruptcy visit our bankruptcy page.  Contact the Law Offices of Chirnese L. Liverpool at (818) 714-2200.

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Is child support considered income for bankruptcy purposes?

17 July 2012

For a chapter 7 bankruptcy, the simple answer is yes, child support is considered income for the bankruptcy means test.  Therefore, it is possible that this may make you fail the means test and not be eligible to file for bankruptcy, if your income is too high.

For a chapter 13 bankruptcy, the child support is considered income on one part of the means test, and then you turn around and deduct it on another part of the means test, so they can cancel each other out.

If you live in California, and have additional questions regarding child support and bankruptcy, please contact the Law offices of Chirnese L. Liverpool at (818) 714-2200.

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Huntington Park Bankruptcy Lawyer

25 April 2012

If you are thinking about filing for bankruptcy, please call the Law Offices Of Chirnese L. Liverpool at (818) 714-2200 for a FREE consultation.

IF YOU:

Are paying only the minimum amount due on your credit cards;

  • Can’t budget yourself out of debt within five years;
  • Are getting notices that your mortgage or home loans are being foreclosed;
  • Have had a severe financial setback, such as losing your job;

THEN YOU MIGHT WANT TO CONSIDER BANKRUPTCY. IN OUR CONSULTATIONS, WE EVALUATE YOUR ENTIRE FINANCIAL PICTURE TO HELP YOU DETERMINE IF THERE ARE ANY OTHER ALTERNATIVES.

Defining Debts

Secured debt is a debt on which a creditor has a lien. The creditor can institute a foreclosure or repossession to take the property identified by the lien to satisfy the debt if you default.

Whereas, an unsecured debt is not tied to any item of property. A creditor has no right to grab property to satisfy the debt if you default. The creditor must sue you and obtain a judgment by the court.

A purchase money debt is a debt on which the creditor keeps a security interest in the property given to the debtor so that the debtor may acquire rights in or use the collateral.

 What is Bankruptcy and How Does It Work?

Chapter 7 Bankruptcy

Chapter 7 Bankruptcy allows the Court to eliminate debts that you have no ability to pay. It applies when the monthly payment on all personal overhead such as rent, utilities, and groceries exceeds your take-home income. The debtor’s assets are liquidated and the proceeds are distributed to creditors. An individual’s home, care, and many other property items can be kept by the individual pursuant to the law.

 

Chapter 13 Bankruptcy

Chapter 13 provides a reorganization of your debt allowing you to pay off all or part of your debts over time. It applies when your income exceeds your monthly personal overhead to some extent such that you are able to repay some portion of the debt back. This forces creditors to negotiate with you subject to a bankruptcy trustee’s approval.

 

Please fill out the following questionnaire before your scheduled appointment:

 

DOWNLOAD: Client Questionnaire

 

You will also need to bring with you:

       Last 2 years of Tax Returns

  • Last 3 months of Bank Statements
  • Last 6 months of Pay Stubs/Verification

 

Copies of Certificates of Title to All Vehicles

 

  • Start now to eliminate your financial concerns and begin improving your life and credit. Our goal is to help make this process as painless as possible.YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP

    WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

    Chirnese L. Liverpool, Esq.
    Law offices of Chirnese L. Liverpool
    6445 Florence Ave. Suite A
    Bell Gardens, CA 90201
    (818) 714-2200
    http://www.liverpoollegal.com

    If you are interested in knowing how to get the bankruptcy process started, click here .

 

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Whittier Bankruptcy Lawyer

25 April 2012

Many people who have serious debt problems put off talking to a bankruptcy lawyer until a crisis occurs: their wages have been garnished, their car has been repossessed or their house is in foreclosure proceedings.

At The Law Offices Of Chirnese L. Liverpool located close to Whittier,  in Bell Gardens, California, we are in the business of helping people solve debt problems. No matter what kind of financial crisis you are facing, we offer a free initial consultation to discuss your situation and explore your options.

Our lawyers offer bankruptcy and non-bankruptcy solutions to debt and cash flow problems for individuals and families. We can:

  • Put an immediate stop to creditor actions such as foreclosure, repossession, garnishment and harassment
  • Get back wages and bank accounts that have been garnished
  • Obtain tax-free discharge of many types of debt, including credit card bills, hospital bills and unsecured loans
  • Protect assets such as your home, car and retirement savings

We invite you to learn more about Chapter 7 bankruptcy, Chapter 13 bankruptcy and bankruptcy alternatives by reading this website. We also offer answers to many questions that people ask us — or should ask us — about bankruptcy and debt problems.

Contact a Los Angeles County Debt Relief Attorney

Your initial phone consultation is always free of charge and carries no obligation. To discuss your financial situation with Whittier bankruptcy attorney Chirnese L. Liverpool, call us at 818-714-2200. You can also send us an e-mail by completing the contact form on this website.

YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP

WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

Chirnese L. Liverpool, Esq.
Law offices of Chirnese L. Liverpool
6445 Florence Ave. Suite A
Bell Gardens, CA 90201
(818) 714-2200
http://www.liverpoollegal.com

If you are interested in knowing how to get the bankruptcy process started, click here .

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Long Beach Bankruptcy Lawyer

25 April 2012

At the Law Office of Chirnese L. Liverpool, PLLC we are client focused and results driven. Our primary goal is to get you back on your feet and on your way to establishing that fresh start.

Looking for a Bankruptcy Attorney near Long Beach?
Call us for a free consultation at 818-714-2200.

We are conveniently located in Bell Gardens, CA and can serve the residents of Long Beach and the surrounding areas. You can come in and meet with us, or we can do everything virtually, whichever is most convenient for you.

We realize filing for bankruptcy protection is generally not your first choice to resolve financial issues, but if it may be the best alternative under the circumstances. We encourage our clients to focus on the stress relief they will have once the process is complete. Let us help you through this difficult time.

Getting debt relief by filing either a chapter 7 or chapter 13 bankruptcy can provide you with a fresh start. A competent lawyer can help you make the right decision for your circumstances. We will help you to explore your options and see the light at the end of the tunnel.

In 2005, changes were made to the bankruptcy laws that can affect an individual’s ability to file for bankruptcy. The good part is, since the changes were primarily designed to prevent excessive abuse, most people having financial difficulty can still qualify for some type of relief.

Start now to eliminate your financial concerns and begin improving your life and credit. Our goal is to help make this process as painless as possible.

YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP

WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

Chirnese L. Liverpool, Esq.
Law offices of Chirnese L. Liverpool
6445 Florence Ave. Suite A
Bell Gardens, CA 90201
(818) 714-2200
http://www.liverpoollegal.com

If you are interested in knowing how to get the bankruptcy process started, click here .

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Pico Rivera Bankruptcy Lawyer

25 April 2012

At the Law Office of Chirnese L. Liverpool, PLLC we are client focused and results driven. Our primary goal is to get you back on your feet and on your way to establishing that fresh start.

Looking for a Bankruptcy Attorney near Pico Rivera?
Call us for a free consultation at 818-714-2200.

We are conveniently located in Bell Gardens, CA and can serve the residents of Pico Rivera and the surrounding areas. You can come in and meet with us, or we can do everything virtually, whichever is most convenient for you.

We realize filing for bankruptcy protection is generally not your first choice to resolve financial issues, but if it may be the best alternative under the circumstances. We encourage our clients to focus on the stress relief they will have once the process is complete. Let us help you through this difficult time.

Getting debt relief by filing either a chapter 7 or chapter 13 bankruptcy can provide you with a fresh start. A competent lawyer can help you make the right decision for your circumstances. We will help you to explore your options and see the light at the end of the tunnel.

In 2005, changes were made to the bankruptcy laws that can affect an individual’s ability to file for bankruptcy. The good part is, since the changes were primarily designed to prevent excessive abuse, most people having financial difficulty can still qualify for some type of relief.

Start now to eliminate your financial concerns and begin improving your life and credit. Our goal is to help make this process as painless as possible.

YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP

WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

Chirnese L. Liverpool, Esq.
Law offices of Chirnese L. Liverpool
6445 Florence Ave. Suite A
Bell Gardens, CA 90201
(818) 714-2200
http://www.liverpoollegal.com

If you are interested in knowing how to get the bankruptcy process started, click here .

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Chatsworth Bankruptcy Lawyer

24 April 2012

Chapter 7 and Chapter 13 Bankruptcy Lawyer located near Chatsworth, California

The California law offices of Chirnese L. Liverpool, PLLC. is a debt relief agency helping individual consumers and their families file for Chapter 7 and Chapter 13 Bankruptcy relief under the Bankruptcy Code. From our office in Van Nuys, California, we are able to assist debtors located in Chatsworth, California and the surrounding areas.

If you feel like you are drowning under credit card debt, medical bills, car payments, or mortgage payments, do not despair. Filing for bankruptcy may seem like a daunting experience, but for consumers facing seemingly insurmountable debt, bankruptcy is often a viable option that can help you obtain the relief you need to find a fresh start. Attorney Chirnese L. Liverpool has helped people across California and Nevada examine their financial situation and determine the best debt relief option for their particular situation. Mrs. Liverpool can help wage earners reorganize debts into suitable repayment plans and assist distressed debtors in obtaining a discharge of debts by filing for bankruptcy liquidation.

Attorney Chirnese L. Liverpool and her supportive staff are committed to helping clients through the sometimes overwhelming process of filing for bankruptcy. We provide personalized assistance and dedicate as much time as needed to help you obtain relief from the burden of your debt. To find out how we can help you, contact the Law Offices of Chirnese L. Liverpool at (818) 714-2200 today for a free initial phone consultation.

YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP
WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

Chirnese L. Liverpool, Esq.
Law offices of Chirnese L. Liverpool
6277 Van Nuys Blvd. Suite 126
Van Nuys, CA 91401
(818) 714-2200
http://www.liverpoollegal.com

If you are interested in knowing how to get the bankruptcy process started, click here .

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Northridge Bankruptcy Attorney

24 April 2012

Emergency Foreclosure and Garnishment Assistance by an Experienced Northridge Bankruptcy Attorney

Emergency legal assistance for debt pressures may be available to qualified debtors who face urgencies such as foreclosure or garnishment.

In these types of special cases a qualified debtor, who meets all necessary criteria for emergency attention, may be able to get more expeditious assistance in addressing a debt problem. Many debtors, however, may not have a real emergency, but know that they cannot take the financial pressure any longer. They realize that they may not need emergency attention, but want to start the ball rolling to end the financial pressures.

Whether a debtor has a true emergency or just needs to start to address getting debt relief through bankruptcy, it is important to move forward to address the financial problems. Debt difficulties may not only be emotionally draining, but can be the cause of other legal problems. A debt problem that goes unattended can cause a financial downward spiral.

A debtor experiencing a downward financial spiral can start to address debt problems by exploring bankruptcy alternatives. To be able to get bankruptcy relief a debtor must be determined to be eligible for such relief under applicable federal bankruptcy law.

Northridge Bankruptcy Lawyer Ready to Help You with the Bankruptcy Process

A debtor wanting to begin the process of exploring debt relief can start by contacting the California bankruptcy Law Offices of Chirnese L. Liverpool, P.L.L.C., with two office locations: Van Nuys and Bell Gardens in California. A confidential meeting can be arranged for the debtor to meet with a Northridge, California bankruptcy lawyer to do a bankruptcy evaluation. At that time, there can be a discussion of appropriate potential legal avenues available to deal appropriately with the debtor’s situation. This discussion can include bankruptcy alternatives and, where appropriate, emergency filings for debt relief.

Meeting a California Bankruptcy Attorney

Contact a Northridge bankruptcy Attorney at our Van Nuys office or a California bankruptcy lawyer at the Bell Gardens Law offices of Chirnese L. Liverpool, P.L.L.C, to discuss your specific situation and your options for debt relief by filing for Chapter 7 bankruptcy protection. Make a confidential appointment to meet in person with an experienced California bankruptcy attorney at either our Van Nuys or Bell Gardens law office by calling our central scheduling telephone number of (818) 714-2200. We offer flexible appointment times for your convenience.

YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP
WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

Chirnese L. Liverpool, Esq.
Law offices of Chirnese L. Liverpool
6277 Van Nuys Blvd. Suite 126
Van Nuys, CA 91401
(818) 714-2200
http://www.liverpoollegal.com

If you are interested in knowing how to get the bankruptcy process started, click here .

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Reseda Bankruptcy Attorney

24 April 2012

Emergency Foreclosure and Garnishment Assistance by an Experienced Reseda Bankruptcy Attorney

Emergency legal assistance for debt pressures may be available to qualified debtors who face urgencies such as foreclosure or garnishment.

In these types of special cases a qualified debtor, who meets all necessary criteria for emergency attention, may be able to get more expeditious assistance in addressing a debt problem. Many debtors, however, may not have a real emergency, but know that they cannot take the financial pressure any longer. They realize that they may not need emergency attention, but want to start the ball rolling to end the financial pressures.

Whether a debtor has a true emergency or just needs to start to address getting debt relief through bankruptcy, it is important to move forward to address the financial problems. Debt difficulties may not only be emotionally draining, but can be the cause of other legal problems. A debt problem that goes unattended can cause a financial downward spiral.

A debtor experiencing a downward financial spiral can start to address debt problems by exploring bankruptcy alternatives. To be able to get bankruptcy relief a debtor must be determined to be eligible for such relief under applicable federal bankruptcy law.

Reseda Bankruptcy Lawyer Ready to Help You with the Bankruptcy Process

A debtor wanting to begin the process of exploring debt relief can start by contacting the California bankruptcy Law Offices of Chirnese L. Liverpool, P.L.L.C., with two office locations: Van Nuys and Bell Gardens in California. A confidential meeting can be arranged for the debtor to meet with a Reseda, California bankruptcy lawyer to do a bankruptcy evaluation. At that time, there can be a discussion of appropriate potential legal avenues available to deal appropriately with the debtor’s situation. This discussion can include bankruptcy alternatives and, where appropriate, emergency filings for debt relief.

Meeting a California Bankruptcy Attorney

Contact a Reseda bankruptcy Attorney at our Van Nuys office or a California bankruptcy lawyer at the Bell Gardens Law offices of Chirnese L. Liverpool, P.L.L.C, to discuss your specific situation and your options for debt relief by filing for Chapter 7 bankruptcy protection. Make a confidential appointment to meet in person with an experienced California bankruptcy attorney at either our Van Nuys or Bell Gardens law office by calling our central scheduling telephone number of (818) 714-2200. We offer flexible appointment times for your convenience.

YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP
WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

Chirnese L. Liverpool, Esq.
Law offices of Chirnese L. Liverpool
6277 Van Nuys Blvd. Suite 126
Van Nuys, CA 91401
(818) 714-2200
http://www.liverpoollegal.com

If you are interested in knowing how to get the bankruptcy process started, click here .


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North Hollywood Bankruptcy Attorney

24 April 2012

NORTH HOLLYWOOD BANKRUPTCY LAWYER

If you are having trouble keeping up with your bills, don’t be afraid to ask for help. Depending on your situation, bankruptcy can be a sound debt relief solution to help get you back on the right financial path.

There are many things to consider in making your decision about filing bankruptcy or choosing another course of action. At the Law Offices of Chirnese L. Liverpool, P.L.L.C, located near North Hollywood in Van Nuys, California, we work with clients from many different backgrounds who need help getting out from under the burden of excessive debt. We will be there with you every step of the way to ensure that the process goes smoothly and that you receive the debt relief you need. Contact a North Hollywood bankruptcy lawyer to learn more.

Debt Relief Through Bankruptcy

Our bankruptcy attorney, Chirnese L. Liverpool, has been practicing law since 2008. Her knowledge and understanding of the bankruptcy laws is a proven asset to her clients filing for Chapter 7 bankruptcy and Chapter 13 bankruptcy.

Learn more about these related topics:

Call to Schedule Your Initial Consultation

We pride ourselves on the personalized service we provide to every client. Our clients also appreciate the friendliness and approachability of everyone at our firm.

Contact a Chapter 7 bankruptcy lawyer today at (818) 714-2200 to discuss your legal questions. We are available during regular business hours and by appointment at other times. For your convenience, we offer payment plans for our clients who need them.

YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP
WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

Chirnese L. Liverpool, Esq.
Law offices of Chirnese L. Liverpool
6277 Van Nuys Blvd. Suite 126
Van Nuys, CA 91401
(818) 714-2200
http://www.liverpoollegal.com

If you are interested in knowing how to get the bankruptcy process started, click here .

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Newbury Park Bankruptcy Attorney

24 April 2012

Newbury Park Bankruptcy Attorney

The bankruptcy Law Offices of Chirnese L. Liverpool, PLLC helps individuals unable to pay their bills to get a fresh financial start through filing for bankruptcy. Consumer bankruptcy is either Chapter 7 or Chapter 13.

Chapter 7 — the most common form of bankruptcy

Chapter 7 is a liquidation of personal assets and the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it, and then distributes the proceeds to creditors. Your car and primary residence can be declared exempt and retained.  A Chapter 7 proceeding can result in the removal of the following kinds of debt:

Credit card debt
Medical bills
Deficiencies for repossessed autos
Most personal loans
Older tax debts

Garnishments
Utilities
Memberships
Subscriptions
Foreclosure Deficiencies

Chapter 13 — personal reorganization

Chapter 13 bankruptcy allows an individual with a regular income to propose and carry out a repayment plan. Under court supervision and protection, the person pays creditors over a period of three to five years. During this time, creditors are prohibited from continuing collection efforts.

For creditor and bankruptcy assistance in Newbury Park, California

For help when you need debt relief contact The Law Offices of Chirnese L. Liverpool PLLC at (818) 714-2200 to set up a consultation today.

YOU DESERVE TO GET ON WITH YOUR LIFE. WE CAN HELP
WE ARE A DEBT RELIEF AGENCY HELPING PEOPLE FILE FOR RELIEF UNDER THE BANKRUPTCY CODE

Chirnese L. Liverpool, Esq.
Law offices of Chirnese L. Liverpool
6277 Van Nuys Blvd. Suite 126
Van Nuys, CA 91401
(818) 714-2200
http://www.liverpoollegal.com

If you are interested in knowing how to get the bankruptcy process started, click here .

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When is the best time to file for bankruptcy?

11 April 2012

When Is the Best Time to File Bankruptcy?

It is important to think about when you file bankruptcy. Certain times are better for filing bankruptcy than others. Think about the following things when planning to file bankruptcy:

  • Do not wait until the last minute if you might be facing garnishment, repossession, eviction, or foreclosure. It takes some time to fill out your bankruptcy forms. You must have enough time to receive your pre-bankruptcy filing course certificate, otherwise we cannot file your petition. Do not wait until your situation is an emergency.
  • If you are not facing garnishment, repossession, eviction, or foreclosure, you may want to wait to file bankruptcy. If no one in your household has employment income, and you are not at risk of losing any assets, you might not need to file bankruptcy at this point. Remember, you can only file bankruptcy once every eight years. If there is a chance your financial situation might get worse, it is wise to wait and file bankruptcy then.
  • If you have been unemployed but you expect to get a job soon, you may want to file bankruptcy now. Creditors can’t garnish your income when you are only receiving public benefits. Once you start earning money, you might be garnished. Also, a good time to get a fresh start is when your financial situation is about to improve. This is when to wipe the slate clean and start over.
  • You should not file bankruptcy yet if you expect more large debts to come along. You can only file bankruptcy once every eight years. If you know that you will probably have more debts happening soon, you should wait to file bankruptcy. That way all those debts will be included. For example, You may be pregnant, if you file now, you will not be able to include hospital bills in your bankruptcy.  Or maybe you know you have to have surgery in the next year. If you file bankruptcy now, you will not be able to include the hospital bill for the surgery. You will have to pay it.

If you need assistance in determining when is the best time for you to file for bankruptcy, call the Law Offices of Chirnese L. Liverpool at (818) 714-2200 to schedule your free phone consultation.

If you live in North Carolina and are in need of bankruptcy assistance, contact the Maxwell Law Firm, PLLC at 704-461-1883.

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When is the best time to file for bankruptcy? When is the best time to file for bankruptcy? When is the best time to file for bankruptcy? When is the best time to file for bankruptcy? When is the best time to file for bankruptcy?

Will my credit be ruined forever If I file for bankruptcy?

22 March 2012

When I conduct my California bankruptcy consultations, I try to tell my clients that although a bankruptcy can be reported at the three credit bureaus for up to 10 years, it does not have to affect you for the full 10 years.  And to be honest, by the time most clients come to meet with me their credit scores are already below the 600′s. Yes, bankruptcy does remain on your credit report for up to 10 years, however immediately after filing for bankruptcy you have provided yourself with a fresh start. The seemingly almost never ending snowball effect of bad credit decisions or the inability to pay your debt obligations due to unforeseen circumstances is more devastating to your credit than a onetime bankruptcy.

So what happens with your credit score after you file the bankruptcy? (keep in mind that credit scoring is an anomaly and 9th wonder of world) Generally, ones credit rating after one year in a  post-bankruptcy status is substantial. One of the factors in determining your credit worthiness is the debt-to-income ration.  Once you receive your bankruptcy discharge, you have cleared yourself of the high debt-to-income ratio.

alot of my clients tell me that after they receive their bankruptcy discharge, they have begun to receive credit offers in the mail. The reason behind that is since bankruptcy laws prevent you from re-filing bankruptcy for a particular amount of years, the creditors are safe to assume that you will pay your obligations. The filing of bankruptcy is an option to help you start over and get back  above water. It is not an overnight process but within 12-18 months of your discharge, you will see a dramatic improvement in your ability to rebuild your credit.

If you are seeking bankruptcy help the Law offices of Chirnese L. Liverpool can help you in California and Nevada.

If you need assistance in North Carolina, contact the Maxwell Law Firm, PLLC.

 

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Will my credit be ruined forever If I file for bankruptcy? Will my credit be ruined forever If I file for bankruptcy? Will my credit be ruined forever If I file for bankruptcy? Will my credit be ruined forever If I file for bankruptcy? Will my credit be ruined forever If I file for bankruptcy?

What are my options if I have no equity in my house?

22 March 2012

What are my options if I have no equity in my home?


Due to the current state of of our economy, a lot of homeowners have no equity in their home.  What is equity, equity is owing less on the home that the home is worth.  If you owe more than your house is worth, than you have no equity in your home., if you have no equity in your home, you have three options: (1)  Continue to live in and pay for the house and pray that the home value increases, (2) return the home to the bank or (3) sell the home.    If you decide to exercise option 2 and give the house to the bank, this may be done, with or with out a bankruptcy.  If you do not file a bankruptcy then there may be a deficiency owed for the difference between the foreclosure sale price and the amount remaining on your loan.  The bank may attempt to collect the difference from your personally or may file a 1098/1099 with the IRS, and treat the deficiency amount as earned income.  You would then be personally liable for the difference as if it were earned income from that tax year.  A bankruptcy or reorganization may save you from the deficiency judgment and the 1099 taxable gain.  Call your California bankruptcy lawyer at (818) 714-2200 for more information.

If you are seeking bankruptcy help the Law offices of Chirnese L. Liverpool can help you in California and Nevada.

If you need assistance in North Carolina, contact the Maxwell Law Firm, PLLC.

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What are my options if I have no equity in my house? What are my options if I have no equity in my house? What are my options if I have no equity in my house? What are my options if I have no equity in my house? What are my options if I have no equity in my house?

Can I keep the rental income on a house i’m surrendering in chapter 7 bankruptcy?

19 March 2012

This all depends on several factors, but here is the general rule.  Generally, if you have a rental property that you are receiving monthly rents on and plan on filing a chapter 7 bankruptcy the rental income may belong to the mortgage lender.  Please
refer to your mortgage and note for details, but often rental income is assigned as part of the mortgage.  If you were to file a chapter 7 or 13 bankruptcy, you may still not be able to keep the  income from the rental property.  In a chapter 7 bankruptcy, the bankruptcy estate would own the rental property and the bankruptcy trustee would be the proper party to collect the rental income.  Even if you receive the rent paid to you directly, you may be required to turn over the rent to the bankruptcy trustee.  If you file a chapter 13 or reorganization, the rental income may be used in calculating your income for purpose of determining your discretionary income and ultimately your chapter 13 plan payments.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Bankruptcy gives protection to people in financial trouble who are drowning under piles of debt. Because of today’s difficult economic times millions of people are exercising this protection of filing bankruptcy, Chapter 7 or Chapter 13. The bankruptcy laws were created by Congress to provide relief to those who have been victimized by the rising rate of unemployment, inflation, staggering medical bills, disability, high interest rates, foreclosure, divorce or identity theft.

We are a debt relief agency and can help you reduce or eliminate your liabilities and keep your property. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. We can assist you and your loved ones with filing for bankruptcy and the avoidance of judgments. To review the fees and costs associated with filing bankruptcy visit our bankruptcy page.  Contact the Law Offices of Chirnese L. Liverpool at (818) 714-2200.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-780-1100.  Save an additional 25% off the bankruptcy fees by scheduling your appointment online.

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Can I keep the rental income on a house im surrendering in chapter 7 bankruptcy? Can I keep the rental income on a house im surrendering in chapter 7 bankruptcy? Can I keep the rental income on a house im surrendering in chapter 7 bankruptcy? Can I keep the rental income on a house im surrendering in chapter 7 bankruptcy? Can I keep the rental income on a house im surrendering in chapter 7 bankruptcy?

I am separated or divorcing would it be appropriate to file for bankruptcy?

22 January 2012

I always ask clients what their marital status is and whether they have joint debts with their spouse says Charlotte Bankruptcy Attorney Victorianne C. Maxwell of Maxwell Law Firm, PLLC.

FILING BANKRUPTCY WHEN YOU ARE SEPARATED

If you are separated you are still legally married and have to disclose this on your bankruptcy petition. What does this mean? You must list that you are married and that your spouse lives in a different household.

DO I HAVE TO FILE WITH MY SPOUSE?

No you do not have to file with your spouse. You can file bankruptcy individually even if you are still living together. The difference in filing married individually vs. married and separated is that you will not need to include your spouse income on the later filin status. However, if you wish to elect to file together both of your incomes must be included on the bankruptcy petition even if you are separated.

WHAT HAPPENS TO JOINT DEBTS WHEN I FILE AND MY ESTRANGED SPOUSE DOES NOT

Depends on the Chapter of you file. If you file a chapter 7 bankruptcy, then you will receive a discharge on unsecure debts and those you have chosen not to affirm. What this means is that your spouse will remain liable and you will be discharged of liability. Filing a chapter 13 bankruptcy is a little more tricky. Since a payment plan is set up in a Chapter 13 case, the creditor must accept the payment provided by one spouse for that debt if their debt is secured and modified by the plan. But if the debt is unsecured the creditor can seek full or partial payment from the other spouse.

WHAT YOU SHOULD DO IF YOU ARE CONSIDERING BANKRUPTCY

Divorce itself can be quite a long and arduous process. Many times a lot of divorce squabbles stem from property and debt. Consulting with a qualified bankruptcy attorney can save you time and effort on fighting over who should pay for what. In the end creditor does not discriminate and can go after on or both of you for those debts. In some instances it may be beneficial to file jointly in others it may not be, but you will not know unless you consult with a Bankruptcy Attorney.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, Tax Services and loan modifications. You may schedule your appointment by calling 704-780-1100 or save 25% off the fees and schedule online at http://maxwelllegal.com/consultations. The Law Offices of Chirnese L. Liverpool assists debtors in Nevada and Los Angeles file for bankruptcy, they can be reached at (818) 714-2200.

Disclaimer: This post is for informational purposes only. Nothing in this post should be construed to be providing legal/tax advice and or creating an Attorney-client relationship.

 

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I am separated or divorcing would it be appropriate to file for bankruptcy? I am separated or divorcing would it be appropriate to file for bankruptcy? I am separated or divorcing would it be appropriate to file for bankruptcy? I am separated or divorcing would it be appropriate to file for bankruptcy? I am separated or divorcing would it be appropriate to file for bankruptcy?
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