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San Jose Bankruptcy Blog

Once I Have My Chapter 7 Discharge Can The Discharge Be Taken Away?

November 06, 2013
by Ryan C Wood
Bankruptcy, Discharge, Revocation
0 Comment
By Ryan C. Wood The technical term for taking away a discharge after being granted by the bankruptcy court is revocation. Yes, even though the court signed your order of discharge it can still be taken away under certain circumstances. What are those circumstances? First we must look
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How to Claim Bankruptcy

August 20, 2013
by Ryan C Wood
Filing Bankruptcy
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By Ryan C. Wood Have you ever wondered how to claim bankruptcy? To file for bankruptcy protection a voluntary petition with the various statements and schedules need to be filed with the Bankruptcy Court in your jurisdiction. Remember the Bankruptcy Code is federal law. You will not b
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Can I Transfer or Sell My Property to Someone Else Before Filing for Bankruptcy?

August 01, 2013
by Ryan C Wood
Bankruptcy, Fraudulent Transfers
0 Comment
By Ryan C. Wood Like many answers to questions this answer depends upon the circumstances. What we are talking about here are transfers that might be able to be avoided or undone by the trustee assigned to your case pursuant to Section 548 of the Bankruptcy Code (Fraudulent Transfers
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Reaffirmation Agreements

July 24, 2013
by Ryan C Wood
Bankruptcy, Debt, Reaffirmation
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By Ryan C. Wood What should you do if a creditor wants you to enter into a reaffirmation agreement? The first question is what does it mean to reaffirm a debt? What is Reaffirming a Debt? The whole point in filing for bankruptcy is usually to obtain a discharge of your debts. Reaffirm
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What Happens to My Vehicles When I File Bankruptcy?

July 16, 2013
by Ryan C Wood
Bankruptcy, Cars, Trucks, Vehicles
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By Ryan C. Wood One of the most common questions we get is what happens to people’s vehicles when someone files for bankruptcy protection. I have good news for you. Rarely will anyone filing for bankruptcy have to give up or sell a vehicle. Let me tell you why. Vehicles and Filing Cha
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Can a Joint Chapter 13 Bankruptcy Petition Be Filed for Two Same Sex People?

June 25, 2013
by Ryan C Wood
Bankruptcy, California, Same Sex Couples
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By Ryan C. Wood {Since the writing of this article it is legal for same sex couples to be married under California law. Joint petitions for bankruptcy can be filed in a California Bankruptcy} This issue is of course a politically charged issue that this article will not address. This
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The 9th Circuit Weighs In On the Good Faith Prong of the Bruner Test

June 15, 2013
by Ryan C Wood
Bankruptcy, Bruner Test, Discharge, Student Loans
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By Ryan C. Wood There continues to be discussion about student loan reform. Unfortunately, Congress and the Senate, as of the writing of this article, have not passed any legislation to help students with their loans. Student loans can be discharged when filing bankruptcy by filing an
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