San Jose Bankruptcy Blog

By Ryan C. Wood Sadly the Chapter 13 Bankruptcy reorganization debt limitations pursuant to 11 U.S.C. §109(e) are entirely unfair to bankruptcy filers and should have been changed many years ago. The problem is these debt limitations are creating unequal results more or less based upo

By Ryan C. Wood This is a common question when an owner of a strip-mall or large real property owner seeks bankruptcy protection under the Bankruptcy Code. There could be many unexpired lease agreements that must be dealt with in the bankruptcy case. What happens depends upon whether

By Ryan C. Wood Filing for bankruptcy is not nearly as bad financially as the media and banks want you to believe. The mass media has done all of us a disservice with the information they report and how they now gather that information. In 2005 there was a major change to the Bankrupt

By Ryan C. Wood We should probably start with what a proof of claim is as part of the bankruptcy process. A claim is broadly defined by the Bankruptcy Code. Section 101(5) provides the definition of a claim as: (A) right to payment, whether or not such right is reduced to judgment, li

By Ryan C. Wood I am not just saying this because I practice bankruptcy law. This is my advice based upon what I have witnessed over the years. Yes, you should use an experienced attorney to provide you legal advice, prepare your bankruptcy petition and file your bankruptcy case. If y

By Ryan C. Wood Yes. There are a number of situations that could create this dilemma for a bankruptcy filer. The issue is about a state court claim or cause of action, say breach of contract, which is prosecuted in state court and then the judgment debtor files for bankruptcy protecti

By Ryan C. Wood Let me begin by making one thing clear. Affordable housing is an issue in the entire Bay Area, not just San Mateo County. Capitalism and an allegedly free market is our system though. You have to take the good with the bad. The market is supposed to determine price. Th