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San Jose Bankruptcy Blog

Can My Chapter 13 or Chapter 11 Case Be Converted to Chapter 7?

August 14, 2020
by Ryan C Wood
Bankruptcy Dismissal, Conversion Chapter 7, In re Rosson 9th Cir. 2008, Voluntary Dismissal
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By Ryan C. Wood The short answer is yes.  A recent Ninth Circuit Bankruptcy Appellate Panel case discussed the conversion of a chapter 13 reorganization to a chapter 7 liquidation case.  That means if there are assets that cannot be exempted or protected, like your home, the
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The Real Story About Bering Sea Gold’s Shawn Pomrenke and Bankruptcy

June 07, 2020
by Ryan C Wood
Bankruptcy, Bering Sea Gold, Mr. Gold, Shawn Pomrenke
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By Ryan C. Wood First and foremost Shawn Pomrenke aka Mr. Gold did not file for personal bankruptcy protection.  Pomrenke Mining, LLC, a separate legal entity, filed a chapter 7 bankruptcy petition on March 19, 2019, Bankruptcy Case No. 19-00083. I like and watch the television show B
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Will I Owe Money After My Assets Are Liquidated In Chapter 7 Bankruptcy?

March 09, 2020
by Ryan C Wood
Bankruptcy, Chapter 7, Property Tax, Real Property, Tax Collector
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By Ryan C. Wood It seems like there is no scenario that is not possible for some reason that is unknown until it is unfortunately known.  So goes life.  Yes, just because you had an asset sold or liquidated for the benefit of your creditors in a Chapter 7 bankruptcy case doe
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Yes You Can File Bankruptcy If You Have A Reverse Mortgage

January 27, 2020
by Ryan C Wood
Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Reverse Mortgage
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By Ryan C. Wood This is unfortunately a question that is coming up more and more these days.  Yes, you can file bankruptcy if you have a reverse mortgage.  I am not a fan of reverse mortgages.  First please know the terms of the reverse mortgage precisely before agreein
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What Happens If A Defendant Debtor Dies While An Adversary Proceeding Is Ongoing?

October 20, 2019
by Ryan C Wood
Adversary Proceeding, Death of Party, FRBP 7025, FRCP 25
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If a party dies when must a motion to substitutre party be filed?
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California Statute of Limitations and Bankruptcy Discharge

September 13, 2019
by Ryan C Wood
Bankruptcy Discharge, CCP 337, CCP 356, Statute of Limitations, Tolling
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By Ryan C. Wood A strange Ninth Circuit Bankruptcy Appellate Panel opinion was published on September 3, 2019, about the California statute of limitation laws and the effect of a bankruptcy discharge on the applicable statute of limitations.  The claim in question in this bankrup
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Debts Incurred During Marriage and Filing Bankruptcy After Divorce

June 18, 2019
by Ryan C Wood
Bankruptcy, California Family Code 916, Chapter 13, Chapter 7, Community Discharge, Marrital Settlement Agreements
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Marital settlement agreements trump a chapter 7 discharge of debts. You still have an obligation to former spouse. Chapter 13 can discharge obligations from marital settlement agreements.
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