San Jose Bankruptcy Blog

By Ryan C. Wood It pays to ask questions every now and then. One such question turned into a quest for more information regarding Section 544 of the Bankruptcy Code and a trustee’s power to step into the shoes of a particular creditor, the mighty Internal Revenue Service (IRS). Sectio

By Ryan C. Wood Yes, you can still strip off an underwater junior lien or mortgage when filing a bankruptcy under Chapter 13, 11 or 12. A recent Supreme Court of the United States holding in Bank of America, N.A. v. Caulkett, 13-1421, is about lien stripping in Chapter 7 cases. I was

By Ryan C. Wood The filing and administration of a chapter 13 reorganization bankruptcy case can be extremely complicated even though the chapter 13 reorganization process is designed to be simplified as compared to a chapter 11 reorganization case. Different types of debts are treate

By Ryan C. Wood A common question we hear is what happens if I forget to list a creditor in my bankruptcy case? We are all human after all and you may not even know someone out there thinks you owe them money to even list them properly in the bankruptcy petition schedules. To try and

By Ryan C. Wood There are many questions you can ask an attorney you are meeting with that can tell a lot about the attorney and what they are about. There is a little known question that I believe, in my humble opinion that can tell you a lot about the bankruptcy attorney you are mee

By Ryan C. Wood When filing bankruptcy one of the requirements is to attend the meeting of the creditors pursuant to Section 341 of the Bankruptcy Code. You may hear it called the 341 hearing also. You must have your valid identification and proof of your social security number to ver

By Ryan C. Wood Discharging income taxes by filing for bankruptcy protection will most likely see an increase as incomes remain stagnant and taxes increase. We all need to face the fact that our government has a lot of debt and we will have to pay for it via increased taxes. I am not