GOLDBACH LAW BLOG
Learn more about bankruptcy law, debt collection, and more. Free tips and checklists to help you better plan and manage your bankruptcy decision.
Wage Garnishment Law California
California law limits the amount that a creditor can garnish (take) from your wages for repayment of debts. California’s wage garnishment limits are similar to those found in federal wage garnishment laws (also called wage attachments). For most debtors, creditors...
File Chapter 7 Bankruptcy
Chapter 7 Bankruptcy With a Chapter 7 bankruptcy you can wipe out common, unsecured debt if you meet the standards established in 2005 and commonly referred to as a "Means Test". A Chapter 7 bankruptcy is commonly referred to as a "Straight Bankruptcy". A Chapter 7...
Second Mortgage Cramdown
If you own a home with more than one mortgage, you may be able to completely remove or “avoid” the second and subsequent junior mortgages from your home and county records, thus leaving only the first original mortgage! To qualify for this defense, the court will...
Chapter 13 Bankruptcy
For hundreds of thousands of Americans each year, filing for bankruptcy doesn't mean erasing most debts in one fell swoop. Instead, the process can take up to five years for those who want to save their assets and file under Chapter 13 bankruptcy of the bankruptcy...
Basics of Personal Bankruptcy
Under the U.S. Constitution, you have the ability to relieve all or part of your debts when you can no longer meet your obligations to creditors and lenders. Two major types of personal bankruptcy apply to consumers. Chapter 7 bankruptcy allows debtors to discharge...
Common Foreclosure Defenses
The Foreclosing Party Can't Prove It Owns the Mortgage In federal courts (where some large lenders prefer to bring their foreclosure actions), only the mortgage holder (the owner or someone acting on the owner's behalf) may bring the action. If your mortgage, like...
Benefits of A Chapter 13 Bankruptcy
CHAPTER 13 BANKRUPTCY RELIEF Chapter 13 bankruptcy doesn’t provide the quick discharge of a Chapter 7. However, it does provide some benefits not available in Chapter 7. In addition, some people don’t qualify for a Chapter 7 and must file a Chapter 13 because their...
Cramdowns in Chapter 13 Bankruptcy
A "cramdown" in a Chapter 13 bankruptcy allows you to reduce the principal balance of a debt to the value of the property it is secured by. By taking advantage of a Chapter 13 cramdown, you may be able to save your car, investment real estate, or certain other...
Common California Statute of Limitations Wrongful Termination
A “statute of limitation” is the time within which a lawsuit or claim must be filed.“Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a...
