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San Jose Bankruptcy Blog

Are Tuition Credits Student Loans and Therefore Not Dischargeable in Bankruptcy?

July 10, 2014
by Ryan C Wood
Bankruptcy, Discharge, Section 523(a)(8)(ii), Student Loans, Tuition Credits
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By Ryan C. Wood This topic is extremely relevant given the recent investigation and settlement Corinthian Colleges, Inc. entered into with the Department of Education on July 3, 2014. In a recent decision by the Honorable Dennis Montali in the Christoff case, Bankr. Case No. 13-10808,
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How Do I Stop Wage Garnishment in San Jose, California?

June 26, 2014
by Ryan C Wood
Bankruptcy; San Jose; Stop Wage Garnishment
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By Ryan C. Wood If you are facing an impending wage garnishment, or are currently having your wages garnished and live in San Jose, California bankruptcy could help. A judgment creditor or a government agency can garnish your wages up 25% of your monthly gross income. That is right. T
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What is Considered a Domestic Support Obligation and Is It Dischargeable In Bankruptcy?

June 12, 2014
by Ryan C Wood
Domestic Support Obligations; Discharge; Bankruptcy
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By Ryan C. Wood What is considered a domestic support obligation is no easy accomplishment given the state of the Bankruptcy Code and case law. The Ninth Circuit Bankruptcy Appellate Panel recently tackled this issue in the case In re: Maria Rivera, Bankr. Case No. 11-22793 from the B
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Rent Stabilization or Rent Control and Filing Bankruptcy

May 22, 2014
by Ryan C Wood
Bankruptcy, Executory Contract, Lease, Rent Control, Rent Stabilization
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By Ryan C. Wood When filing for bankruptcy protection leases are what are called an executory contract. An executory contract is a contract that still has a required performance. Unexpired leases for houses or apartments are executory contracts that must be listed in the bankruptcy sc
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The Real Story about the Actress Teri Polo’s Bankruptcy Filing

April 25, 2014
by Ryan C Wood
Bankruptcy, Chapter 11, Teri Polo
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By Ryan C. Wood Yes, actress Teri Polo filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code, Bankruptcy Case No. 14-17165, in the Bankruptcy Court for the Central District of California. Unlike the rehashed mass of articles out there regarding her bankruptcy filing
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What Happens if I Receive an Inheritance After I File a Chapter 13 Bankruptcy Case?

March 25, 2014
by Ryan C Wood
Bankruptcy, Chapter 13, Chapter 7, Inheritance, Property of the Estate
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By Ryan C. Wood A bankruptcy estate is created when a petition for bankruptcy protection is filed. Generally all real and personal assets you own at the time you file your bankruptcy case becomes part of the bankruptcy estate. There are certain assets that are not included in the bank
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Are California Unemployment Overpayments Dischargeable In Bankruptcy?

March 25, 2014
by Ryan C Wood
Bankruptcy Discharge, California, Unemployment Overpayment
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By Ryan C. Wood First of all there are many reasons why a California unemployment overpayment may happen. It is usually a shock for most people when they receive a letter that says they have to give back benefits they already received and spent. Hopefully there is no fraud involved. A
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