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San Jose Bankruptcy Blog

Yes You Can Buy A House During and After Filing For Bankruptcy

May 01, 2017
by Ryan C Wood
Bankruptcy, Can I Buy House After Bankruptcy, Home Mortgage
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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
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What Is A Formal and Informal Proof of Claim in Bankruptcy?

March 08, 2017
by Ryan C Wood
Bankruptcy, Formal Proof of Claim, Informal Proof of Claim
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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
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Should I Retain A Bankruptcy Attorney To File Bankruptcy?

December 11, 2016
by Ryan C Wood
Bankruptcy Attorneys, Bankruptcy Petition Preparers
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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
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If A State Court Statute of Limitations Has Expired On A Cause of Action Can I Still Sue In Bankruptcy?

November 09, 2016
by Ryan C Wood
Adversary Proceeding, Bankruptcy, Discharge, state of limitations
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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
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Rent Control, San Mateo County and Bankruptcy

October 19, 2016
by Ryan C Wood
Bankruptcy, Expenses, Rent Control
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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
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Can An Ownership Expense For A Car Not Owned By The Debtor Be Deducted In The Chapter 7 Means Test?

August 25, 2016
by Ryan C Wood
Chapter 7, Means Test, Means Test Deductions, Ownership Expenses, Vehicles
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By Ryan C. Wood The issue we have here is when the debtor or bankruptcy filer is making the monthly loan or lease payment and paying for maintenance of a vehicle that they are not the purchaser of or person leasing the vehicle. The bankruptcy filer has an agreement with the person tha
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Top 5 Most Important Things For a Successful Chapter 13 Bankruptcy Case

August 01, 2016
by Ryan C Wood
Chapter 13 Bankruptcy, Success, Top 5 Things
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By Ryan C. Wood Okay, so you are thinking about reorganizing your debts in a Chapter 13 bankruptcy case. Good. I have no doubt that you will come out of it better off both financially and personally. Just leave the stuff you that got you there behind and move on please. My partner and
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