The short answer is YES under the right of setoff if you owe that same bank or credit union on a credit card or loan. When you have a savings or checking account with a bank or credit union it is very common to apply for credit cards or loans with that same financial institution […]
How Can a Creditor Levy Your Bank Account in California
It’s true: once a creditor gets a judgment against you it can take money out or your bank, credit union, or other financial institution account to pay that judgment. This blog post gets into what exactly a judgment creditor can do to levy your accounts, and what you can do to stop it. HOW CAN […]
What Happens When You Don’t Respond to a California Collection Lawsuit?
Getting lawsuit papers can be scary. A process server, or sometimes a sheriff’s deputy, may show up at the door of your home and insist on personally handing you the papers. Or this might happen at your place of work or business. It could even happen as you’re simply walking down the street. (See Service […]
Ruling Protects Pawned Property in Chapter 13 Bankruptcy
Bankruptcy Appeals Court Ruling Protects Your Pawned Property under Chapter 13 where you still have the right to redeem the property.
Who is a Non-Statutory Insider for Preference Purposes?
How do the courts define or determine who is an insider for preference purposes in bankruptcy? What is the standard that is used to determine who is an insider?
Preventing or Defending a Preference Challenge by the Bankruptcy Trustee
There are steps you can take to avoid a preference action in your bankruptcy case. There are several preference defenses available to you in bankruptcy.
Creditor Reporting of Late Payments Does Not Violate Automatic Stay
The reporting of past due mortgage payments during Chapter 13, without more, does not violate the automatic stay. Creditor who reported past due mortgage payments in a Chapter 13 case did not violate the automatic stay.
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.
Bankruptcy Solutions for Getting Back Your Repossessed Vehicle
Filing for bankruptcy can give you the time you need to get your vehicle back. It will give you the opportunity to examine your options for getting your repossessed vehicle back.
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?
Don’t Lose the “Automatic Stay” By Multiple Bankruptcy Filings
The protection of the automatic stay can be lost through multiple bankruptcy filings. How can you keep or impose the automatic stay for multiple filings.
Chapter 13 Can Help Your Co-Signer and Protect Them
Help Your Co-Signer by Protecting Them and Paying Their Debt in Full While Paying Little or Nothing to Your Other Creditors, through Chapter 13