Category: Bankruptcy Information

Information about bankruptcy, the process, and some of the basics one should to be aware of

motor home california homestead mobilehome

Do Motor Homes Qualify as Mobile Homes and California Homestead

Posted by Hale Andrew Antico on

Do Motor Homes Qualify as Mobile Homes and California Homestead

Mobilehomes are protected residences, but if the home has a motor, it may have a different roll.

A recent Arizona case says a “motor home” isn’t a “mobile home” for the homestead exemption. You may ask yourself, “why is a California bankruptcy lawyer writing about a Arizona court ruling on Arizona state law?” And the answer is: because it lets us dive into a discussion of whether a motor home is a mobilehome here under the California homestead exemption.

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No interest is bad if you're on a date, and what unsecured debts are supposed to get

May They Have Your Interest? Unsecured Debts in Chapter 13

Posted by Hale Andrew Antico on

May They Have Your Interest? Unsecured Debts in Chapter 13

Credit card interest stops accruing after filing a Chapter 13 bankruptcy in most cases

In Chapter 13 bankruptcy, do you have to pay the general unsecured creditors — like credit cards and personal loans — interest on their debt?  The Bankruptcy Code specifically describes the treatment of claims with postpetition interest, so you would think unmatured interest in Chapter 13 would be settled.

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A home lien cramdown is not like a building collapse

9th Cir BAP: Yes, Cramdown a Lien Secured by Residence in 1322

Posted by Hale Andrew Antico on

9th Cir BAP: Yes, Cramdown a Lien Secured by Residence in 1322

It’s possible to bifurcate a secured debt on a home or HELOC in a Chapter 13 bankruptcy, but timing matters.

SUMMARY

In In re Lee and Chen, 2023 WL 7489928 (BAP 11/13/23), the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) held that § 1322(c)(2) is an exception to § 1322(b)(2), and that the Chapter 13 debtors were able to bifurcate and cramdown a secured debt on their residence that matures during the plan.

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California wildcard exemption amount for bankruptcy, showing jokers, which are often wild cards

New California Wildcard Exemption: the Ultimate Guide (2024)

Posted by Hale Andrew Antico on

New California Wildcard Exemption: the Ultimate Guide (2024)

What to know about California Wild Card Exemption and the Current Amount

California wildcard exemption is big for bankruptcy lawyers protecting their clients’ assets. Here’s the ultimate guide on the new updated California wild card exemption amount, and how to figure it.

California Exemptions, generally

In bankruptcy, each state has their own exemptions, or ways they allow debtors to protect some or all of their property. California has opted out of the federal exemptions, and has it’s own passed by our legislature. This is where the California wild card exemption fits in.

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types of bankruptcies chapter 7 vs 11 vs chapter 13

3 Types of Bankruptcy (2024 update)

Posted by Hale Andrew Antico on

Types of Bankruptcies: Chapter 7 vs 11 vs 13

There’s a lot of confusion about the types of bankruptcies. Firstly, some clarification on jargon. You’ll hear a lot about bankruptcy chapters. What’s a chapter? Think of it as a bankruptcy type, or a kind, or flavor. While there at least five types of bankruptcies, most people thinking about consumer personal bankruptcy will focus on just two or three bankruptcy types, or chapters, including Chapter 7 vs 11 vs 13.

The type name “chapter” just refers to the part of the Bankruptcy Code, which is Title 11 of the United States Code. For example, much of the bankruptcy laws that cover Chapter 7 bankruptcy starts at 11 U.S.C. 701, and following. The book I have on my desk literally has a section called Chapter 7 – Liquidation.

Listing the Types of Bankruptcies

Ok, so now that we have some basics out of the way, let’s take a look at the different bankruptcy types commonly used when people file bankruptcy.

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social security income bankruptcy keep out

Social Security Income and Bankruptcy: What You Need to Know

Posted by Hale Andrew Antico on

Social Security Income and Bankruptcy: What You Need to Know

Does Social Security income count in a bankruptcy?  It may make the difference between a Chapter 7 “straight” bankruptcy where you don’t pay the debt, and Chapter 13, where you do.

In Chapter 7 bankruptcy, income is used to determine whether someone qualifies in two different places. The first is the Form B22, or “means test.” The second is the actual budget. So let’s look at whether Social Security factors in those one at a time.

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Family giving and transferring to one another, which may be an bankruptcy insider transfer

Bankruptcy Insider for Preferences: Key Things to Know

Posted by Hale Andrew Antico on

Bankruptcy Insider for Preferences: Key Things to Know

What is an insider in bankruptcy, and why should I care? What is a statutory insider, and is there such a thing as a non-statutory insider? The issue with insiders is fraudulent transfers, which would give a Chapter 7 trustee the right to go claw back money used to repay the debt of an insider just prior to filing.

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when officially separation in California for bankruptcy

When’s a Married Couple Separated in CA to end Community Property

Posted by Hale Andrew Antico on

When’s a Married Couple Separated in CA to end Community Property

When is a married couple separated, ending community property in California? Is it at divorce, or separation? When exactly are two spouses (or future exes) separated?

It’s usually clear when a marriage and community property begin in California. That’s when people say, “I do.”  But it can be much harder to tell when it ends.

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401k retirement contributions and loans in bankruptcy

401(k) Retirement Loans & Contributions in Bankruptcy: Explained

Posted by Hale Andrew Antico on

401(k) Retirement Loans & Contributions in Bankruptcy: Explained

Are 401(k) contributions allowed in a bankruptcy? What about retirement loans? We all know it’s wise to save for our future, but can you contribute to retirement plan like 401k or 403b if you’re filing bankruptcy? In the Ninth Circuit, it depends.

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Welsh is a gift from the 9th Circuit for every bankruptcy attorney

Chapter 13, Social Security, & Luxury Debt: A Case you Must Know

Posted by Hale Andrew Antico on

Chapter 13, Social Security, & Luxury Debt: A Case you Must Know

Why Welsh is the greatest Chapter 13 case ever

Every now and then, courts pass down a ruling on a subject that is so practical and a decision so favorable to consumer debtors that it’s as if the heavens opened, angels sang, and cherubim hand-delivered a gift to attorneys far and wide on the wings of a unicorn. The Ninth Circuit’s In re Welsh is such a case.

Introduction

On this, the ten-year anniversary of In re Welsh, 711 F.3d 1120 (9th Cir, 2013), it seems relatively few attorneys know about this ruling, and how it can benefit debtors. Or at least, far fewer bankruptcy lawyers know about this than should. Yet we all should have it tattooed on the inside of our eyelids.

So, with the goal of getting the word out there, and celebrating a decade of relative anonymity, here’s a loud and triumphant commemoration as a monument to one of the greatest debtor cases in bankruptcy jurisprudence, and all of its varied folklore.

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