The 9th Circuit BAP indicated that the factors to determine whether you can claim a California homestead exemption are the physical occupancy of the property and the debtor’s intention to live there. Lack of physical occupancy does not preclude someone from establishing residency.
Homestead Exemption for Recently Acquired Homes in California
There are limitations on the California homestead exemption for recently acquired homes. This limitation may apply to you if you have acquired your home within 1215 days of filing for bankruptcy.
Stop Eviction Through Bankruptcy?
If you are facing an eviction in California, bankruptcy can help you stop the eviction. To stop the eviction you must file bankruptcy prior to the landlord getting a judgment for eviction.
When Can I Use California Property Exemptions If Recently Moved Here?
If you have recently moved to California, you may need to use the bankruptcy exemptions from the state your moved from.
Social Security Act Benefits Exclusion is Broadened by the 9th Circuit BAP
The 9th Circuit BAP decision broadens the benefits excluded under the social security act as income under the means test.
When Should You File to Pass the Means Test?
The timing of your bankruptcy can affect your ability to pass the means test and qualify for a Chapter 7 bankruptcy.
Where Should My Bankruptcy Case Be Filed?
Where you can file for bankruptcy will depend on your residence and domicile. It can also be affected by where your principal assets are located.
The Risks of Using a Paralegal to File Bankruptcy
What are the potential risk that you face if you use a paralegal to file for bankruptcy? In what situations can you use a paralegal for bankruptcy.?
Can You Eliminate Debts Caused By Driving Under the Influence
Debts that resulted from a car accident involving drugs or alcohol may be non-dischargeable in a bankruptcy case.
Recent Credit Card Charges & Cash Advances in Bankruptcy
What can you do if you have recent credit card charges or cash advances and you need to file for bankruptcy. Will these debts be discharged?
After Acquired Interest Not Part of The Bankruptcy Estate
An after acquired interest that is related to an asset of the bankruptcy estate is not necessarily party of the bankruptcy estate. It depends on a number of factors.
No Discharge Needed to Lien Strip Mortgage
A discharge is not needed to lien strip a mortgage in a Chapter 13 bankruptcy. A lien strip becomes complete upon completion of the plan.