Articles
If you are drowning in student loan debt, you are not alone! Our country is facing an overwhelming amount of student loan debt. Most people are aware that it is difficult to discharge student loan debt in bankruptcy. It is important to understand that it may be difficult, but not impossible! According to Section 523(a)(8) of the Bankruptcy Code, a debtor must be able to prove an “undue hardship” on the debtor or his/her dependents will result from…Read More
When you are planning to file a Chapter 7 or Chapter 13 case, you are likely looking for every way possible to cut costs and save money. If you are considering representing yourself in your bankruptcy filing, please read our blog titled “Why you Need an Attorney to File Bankruptcy.” Filing any form of legal action (and particularly a bankruptcy case) without legal counsel can be overwhelming and costly. Another way people think they can save money is by using…Read More
Many clients come to our office hoping to discharge or eliminate a specific debt. While filing a personal bankruptcy can allow you to discharge the majority of your unsecured debt, there are certain types of debt that are non-dischargeable. One type of debt that is excluded by law from being eligible for discharge is one arising from the “death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was…Read More
Most people who are struggling to make ends meet think they cannot afford to hire a bankruptcy attorney. However, if you are planning to file your Chapter 7 or Chapter 13 case pro se (without a lawyer), you should be aware that it may cost you more than you realize. Most individuals who represent themselves in a Chapter 7 or Chapter 13 filing quickly realize it is very difficult. Attorneys must attend years of school and receive training before they…Read More
If you are like millions of other people and Facbook, Instagram or Twitter are a part of your daily routine, it is important to understand how social media can impact your personal bankruptcy case. Social media is no longer being used solely be teenagers. Adults and businesses (including your creditors) use networking sites to learn details about others. Thus, if you are considering filing a Chapter 7 or Chapter 13 bankruptcy, you should carefully consider how your posts…Read More
If you are considering filing for bankruptcy, you should be aware that it will have a negative impact on your credit score. However, for many people their credit score is already damaged by late payments and defaults, so the impact of a bankruptcy filing is not that drastic. A Chapter 7 or Chapter 13 filing does not permanently destroy your credit rating. In fact, with time and dedication, you can rebuild your credit score. If you are interested…Read More
Although filing bankruptcy is becoming a more common and accepted thing, many people still worry about who will find out they filed a Chapter 7 or Chapter 13 case. All bankruptcy filings are a matter of public record, so it is possible for anyone who is searching to find out about your case. However, the reality is that most of the people you know will never be aware of your filing unless they are your creditor or you…Read More
If you are planning to file for bankruptcy relief and you own a home, you are probably wondering what will happen to your real estate in your case. Bankruptcy law provides protections for certain types of assets, including your home. These laws are commonly referred to as “exemptions” and they remove the exempt asset from being included in your bankruptcy estate. To learn more about exemptions, please contact the legal team at The Law Office of Diane Anderson. You…Read More
Most people who are appointed to serve as the personal representative of a loved one’s estate have no experience handling a probate action or how to administer assets. If you are feeling lost and not sure what your duties and obligations are, it is important to seek the advice and guidance of an experienced estate planning attorney. The duties and obligations of a California personal representative are numerous. The following are examples of some of the tasks you…Read More
If you are planning to file a personal bankruptcy, it is important to understand that you have different types of debt which are treated differently in your filing. The main classifications of debt are priority debts, secured debts and unsecured debts. Below is a general explanation of each: Priority Debt The law provides certain types of debt with priority, which generally means that this type of debt must be paid in full and it is typically paid before…Read More