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What is Chapter 13 bankruptcy? Chapter 13 bankruptcy is like debt consolidation, but better. It’s a solution for people who have some money to pay some of their debts back. In five years from now, paying minimums on all your debt, you’d still owe much of your debt. It’s because of that darned interest, and you’re barely paying principle. Chapter 13 bankruptcy fixes the interest problem.
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What is Chapter 7 bankruptcy? Glad you asked. It’s for someone who can’t repay their debts, because their income is low enough that they can’t afford to. However, not everyone qualifies for this out of the different chapters of bankruptcy, and even if you did qualify for Chapter 7 bankruptcy, you could lose assets. There’s always some element of risk in a Chapter 7, which is why I put together this: the ultimate Chapter 7 bankruptcy guide.
Continue reading “The Ultimate Guide to Chapter 7 Bankruptcy, Explained”
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Technically, you don’t need a bankruptcy attorney. But going through this process without one is crazy, and the few pennies saved can cost you your bank account, car, or house. To help explain, here are five reasons why you should retain a Los Angeles bankruptcy lawyer. (Specifically, one who’s been voted best bankruptcy attorney four times and chosen by L.A. bankruptcy lawyers to be President twice).
Sure, you can have a paralegal prepare your documents. But that’s all they can do. They cannot practice law, and cannot even tell you whether you should do a Chapter 7 or a Chapter 13. Only a lawyer (and preferably a bankruptcy attorney) can give legal advice. Sometimes, legal document assistants give advice, and they’re violating California law.
Only a bankruptcy attorney who has passed the California Bar can give you legal advice. There are lots of people who didn’t pass the bar who claim to know as much as a lawyer. But legally, without a bar license, they’re only allowed to type the information you give them. You are completing the papers yourself, and they just take what you say and type it up. They may offer to do more, but now they’re veering into practice of law territory. And if they’re wrong, you have no one to complain to. They’re not accountable for their mistakes and innocent consumer debtors get burned.
Once you’ve decided to retain an attorney for your debt solution, you don’t want just any lawyer. You will want a legal professional skilled and experienced in this very specialized field of law. Not just anyone, but a bankruptcy attorney.
Just because a counsel files bankruptcy cases doesn’t make them a bankruptcy lawyer any more than riding in an airplane a dozen times makes you a pilot. There are lots of attorney dabblers out there who will file bankruptcy cases. They’ll also take car accident cases, divorce and custody matters, and then help you plan your will and living trust. But they lack the experience and insight to stay focused on the changes (and danger spots) of this narrow field of law.
At Los Angeles Bankruptcy, I only file bankruptcy cases, and have stayed focused as a laser beam on this field for two decades. When the law changed in 2005, a lot of bankruptcy lawyers fled the field or diversified taking on dog bite cases or whatever because things became slow. I kept doing only bankruptcy. When the housing crisis and Great Recession came in 2009, I got busy, and saw a flood of new dabblers trying to make a buck off the disaster.
When the economy recovered in the years after 2014, bankruptcy filings went down, but I remained specialized on just bankruptcy. Now that COVID and lockdowns wrecked havoc with the economy in 2021, the future is uncertain. But what is certain is that I continue to practice bankruptcy cases, and only bankruptcy cases. I’ve helped thousands of people and discharged over $50,000,000 in credit card debt. This dedication is what makes a bankruptcy attorney, and is what you want. There are just a handful of us in Los Angeles. I’m one of them, and would like to help you, too.
A good Los Angeles bankruptcy lawyer has an affordable payment plan. This is how we’ve been able to stay in business for two decades, helping people who don’t have a lot of money. When you consider that you’re going to discharge tens of thousands of dollars of debt, paying a skilled professional a fraction of that is smart insurance.
You are able to file bankruptcy on your own to try to save a few bucks. But at what long-term cost? “It’s just forms!” Many people who try to do all their own forms end up having their cases dismissed, and maybe have to wait 6 months or more to file again, even if they want an attorney to help them. In the meantime, all their bills and debts and creditors can call again at home and at work or even sue or foreclose.
And even if the bankruptcy case you file yourself doesn’t get dismissed, you have to worry about whether the bankruptcy trustee can take some of your stuff. You can try to research yourself exemptions and whether you can use a wildcard and homestead, but it can be confusing. And again, a paralegal can’t help you with bankruptcy exemptions because that’s practicing law without a license.
A skilled bankruptcy lawyer can advise you before you even file your case what risk you may have. Then, in preparing to file, can take steps to minimize any exposure or risk you’ll lose things by properly filling out exemptions.
And while you might think, “how hard can this be?” There’s still a lot of confusion among bankruptcy attorneys about the California homestead exemption, the L.A. County median home sale price, and gotchas on how to lose the homestead exemption. There are tons of ins and outs, nooks and crannies, and one wrong step and you lose your house. Trust a professional with your valuables. Otherwise, you’re literally betting your house.
So you’ve reviewed bankruptcy FAQ, learned about the types of bankruptcies, know you need to file bankruptcy and now decided to retain a bankruptcy lawyer. But now you just need to find someone that can trust. A lawyer who specializes in consumer debt to help you with something that will shape your financial life for years to come.
We are humbled to have been chosen by some of the best Los Angeles bankruptcy attorneys to be President of the cdcbaa, the largest association of consumer debt lawyers in Southern California. Then after guiding the organization through the COVID chaos, Hale Andrew Antico was elected President for a second term in 2021, and continues to serve on its board of directors. Mr. Antico doesn’t just attend continuing legal education webinars, he hosts and moderates the panels attended by other bankruptcy lawyers.
Prior to leading cdcbaa, Mr. Antico was selected by his peers and bankruptcy judges and trustees to be President of the Southern California Bankruptcy Inn of Court. This is an organization of bankruptcy judges, bankruptcy trustees, and of course debt lawyers. The Inn of Court’s focus is on elevating the practice of law with presentations while also building relationships between the different groups of members above
Hale Antico was honored to be voted best bankruptcy lawyer in local newspapers not once or twice, but four times. This shows a level of trust and appreciation by clients who know the level of service we provide.
Further, we are blessed to receive so many 5-star reviews on Yelp and Google. This is important when trying to find an attorney not only skilled and experienced in this nuanced specialty, but with the care and compassion for what can be an emotional decision and process.
In short, you want not just an attorney, but a bankruptcy lawyer to help you with a confusing maze-like procedure. You’re also going to want someone with an affordable payment plan, who is able to protect your assets so you don’t lose things in the bankruptcy. And finally, you want someone who is respected by other Los Angeles bankruptcy attorneys, and appreciated by the thousands of clients he’s helped for twenty years.
The choice is simple: Hale Andrew Antico of Los Angeles Bankruptcy .net. I’d be honored to have the opportunity to help you.
For most people, it really pays to contact a lawyer who knows this area. You get what you pay for. Don’t delay: set up a consultation with an affordable bankruptcy lawyer and let us help you now.
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When a credit card lawsuit strikes, it’s terrifying. However, you have options. None are perfect, but let’s look at some pros and cons and how each of these might work for you, and whether you need a credit card lawsuit attorney.
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The California eviction moratorium ends September 30. Foreclosures have spiked as those moratoriums ended. Student loan deferment ends January 2022. But for renters, there are still options, particularly locally with Los Angeles County and City of Los Angeles moratoriums on evictions.
Back in June, California governor Gavin Newsom signed legislation extending the California eviction moratorium. While federal eviction protections ended last month, California was still protected. The end date for Calif renter protections is September 30, 2021.
The COVID-19 Delta variant is running rampant. You’d think that the California state legislature would pass a bill extending the deadline. In June, legislators beat the deadline with days to spare before June 30. However, now, there are just hours to go.
The legislative session ended weeks ago on September 10. So the people California sent to Sacramento are not there to extend the moratorium.
Regardless, it appears that state representatives don’t have the will to extend the protections again. “I believed our eviction protections for tenants should be extended beyond September 30. The Delta variant and the end of many unemployment benefits make that more urgent. Unfortunately, some of my colleagues feel differently, and there’s not consensus for that,” said David Chiu of San Francisco.
So, California’s legislature is out of the picture. This leaves Gov. Newsom as the last hope to extend the landlord restrictions. However, earlier this week, Newsom signed an affordable housing package. Missing in that and his statement was any indication he’d extend the protections.
First, the Los Angeles County moratorium on evictions is still in place. The Los Angeles County Board of Supervisors extended it to January 31, 2022.
Also, there’s an LA eviction moratorium protecting renters in the City of Los Angeles until August 1, 2022.
Further, California renters still have hope. A renter can submit a declaration that they’re unable to pay the full rent. City of Los Angeles renters can apply for relief of 100% of rent and utilities owed. Statewide, beginning Oct 1 and going through March 31, 2022, renters earning 80% of the area median income will be protected by a process through the courts . If facing eviction in state court, renters will need to show evidence they applied for rental assistance, so this is a key step.
Finally, if there’s the ability to make some sort of monthly payment on back-rent, a Chapter 13 bankruptcy can maybe be an option. Because landlords are sacred cows in bankruptcy, renter protections are thin. But it could mean working out a deal if you have enough income to make normal rent payments, cover living expenses, and still have money left over for catching up quickly.
In short, while not perfect, it seems the best shot for CA renters with the looming end of the California eviction moratorium is the state program. This is not a guarantee that this will protect renters from a future eviction if taken to court. However, it’s at least one measure California renters can take to try to have a defense.
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You didn’t choose this path, but here you are. Sometimes bad things happen to good people. We have plans and they sometimes don’t work out. You never thought you’d be asking yourself, “Should I file bankruptcy?” No one does. But you’ve tried other options and they’re not working. So now you’re searching, researching, hoping. And that’s what bankruptcy is about: new life, relief, starting over, hope.
Events are swirling around you, the ocean we all swim in has turmoil all around us.
All of this is not your fault.
On top of this, we all have individual surprises. Some can be good, but many can be disastrous financially. Every person that reaches out to me had something unexpected happen in their life. Something they didn’t plan for. No way to see it coming. It can be any number of things:
Just one of these things is enough to put people behind. This Los Angeles bankruptcy attorney has seen situations where 3 of these happened to the same person at once. No one can plan for this. You didn’t plan for it.
But it happened. If you’re lucky, you had savings before the disaster. But then you drain the savings, maybe even empty your retirement, as you hope things turn around tomorrow, next week, next month. But life doesn’t turn the corner. And along with your savings getting emptied, your hope gets drained with it.
Things are swirling out of control, you feel powerless, caught in an ocean, bobbing with the tide, trying to keep your head above water.
Swallowing your pride, you ask, should I file bankruptcy?
The big credit cards are not innocent victims here, for a couple of reasons.
Firstly, since you were a tiny tike, the marketing companies have been trying to get you to buy into neighbor Jones’ dream. Be like Barbie. Get whatever you wanted. Go for it. If you didn’t have the cash, “charge it.” Older generations saved for things. Now, we’re just told to get what we want. Delayed gratification is for suckers.
Secondly, we’re bombarded by messages from the credit card companies. We have famous celebrities asking us, “What’s in our wallet?” Do you think Samuel L Jackson is helping the credit cards for free? Of course not. Because Capital One knows we will trust a Jedi Knight urging us to carry a logo and charge to it.
We have clients who were making over $100,000 last year and live in homes worth over half-million dollars. Then again, we have an 18 year old who started out in life with $35,000.00 in debt (thanks a lot, Master Card, Visa and Amex) due to “free” credit cards. Who gives an 18 year old a $5,000.00 credit line? The irresponsible credit card companies.
Thirdly, credit card companies have been enticing — pleading — for you to charge up at 23% (some 28.99%) for years. How many “account balance” transfer offers have your received? How many new extensions of credit card debt have you gotten? Here’s the trap: after you have established a decent payment history with a credit card company, they increase your credit limit. “Congratulations,” they say. Now that you have more credit, go out and spend it. Here are some additional checks that are as good as money. Spend away. They will keep upping that credit limit until you can barely make the minimum payment. When this happens (and it happens to a lot more people than you think), they own you.
If you pay only the minimum payment on your Mastercard or Visa, you’ll be paying the minimum payments on that debt for 35 years or more. Is it any wonder people are stuck in this minimum payment trap? This is their game. It’s rigged against you. That you and millions of Americans struggle to pay minimum payments each month is not an accident.
Don’t feel any shame. It’s time to take back control.
A lot of people ask should I file bankruptcy. Maybe. It’s an option. It may not feel like it, but you have choices at your feet. Granted, none of them is perfect. Each has its own drawbacks. But each also has it advantages.
My goal is to help people. And the best way to help people is to empower them, inform them, let them know their choices. One of these choices is a bankruptcy. It’s certainly not your only option. My heart is to teach you about it, then we can discuss it. That’s why I’ve taken the time to write all the bankruptcy information on this lawyer website, including articles to help you decide.
Then, when we talk, I don’t try to “sell” or push this or any option. We’ll do this if and only if we both think this is what’s best for you. But it’s only worthwhile to me if it’s something that will truly benefit you. I don’t know that until I see the circumstances, we talk, and we’ve met.
No website can answer “should I file bankruptcy” and even a lawyer can’t without knowing all about your unique situation. But after we’ve spoken, after I’ve explained your options, if you ask me then should I file bankruptcy, I’ll tell you my honest opinion about whether it would be best for you.
The only thing the credit card companies fear is the United States Bankruptcy Code and a skilled bankruptcy attorney. That is why, in 2005, credit cards lobbied Congress to the tune of over $100,000,000 in bankruptcy reform to get the bankruptcy laws changed to protect the credit card companies from you. They made it harder to file bankruptcy under Chapter 7, forcing more people to repay debt. If you are considering bankruptcy, the bankruptcy lawyers at Los Angeles Bankruptcy offer a helpful consultation to help you come to terms with your financial future. We understand.
You cannot control the economy, you cannot control pie-in-the-sky investors, and you cannot control voodoo accountants at multinational corporations or subprime loans or anything going on in Washington DC or Wall Street. But you can take control of your own financial situation back by contacting a bankruptcy lawyer.
Bankruptcy is about starting over and getting a fresh start. If you file bankruptcy, will get back in control of your financial future. Do not feel any shame for considering bankruptcy. In today’s economy, many people, from all walks of life, are in your situation.
Credit card counseling and debt management services – it doesn’t work, in our experience. Numerous clients have come to us after using a debt management company like CCC and their ilk. Recognize “nonprofit” organizations like CCCS are funded by the credit card companies – are they on your side? No. Further, some counseling services require you to give them your paycheck. They take their fee, pay the credit card companies a payment, and then give you a monthly stipend. Don’t do this. Take control.
Learn more of the frustrating side about consumer credit counseling services.
Don’t lose control of your financial future to debt consolidation companies. Did you know this: firstly, if you breach your contract with a debt management or consolidation company (aka credit counseling), you lose all the benefits you have gained – penalties and interest all gets put back. Secondly, the CCCS or DebtFreedomCryingEagle company doesn’t protect your credit but report negatively against your credit report as Debt Consolidation Service or Credit Management… a negative entry that tells creditors that you are a bad credit risk. Finally, and most importantly, debt management does not stop credit card lawsuits.
Consumer bankruptcy and personal bankruptcy attorneys and lawyers are about empowering you. Don’t let someone else control you.
Consumer bankruptcy comes in two flavors: Chapter 7 and Chapter 13. There’s a big article I wrote if you follow the links below, but here I’ll just give a quick summary.
Chapter 7 Bankruptcy is where you can’t pay your debts because you don’t have cash flow. It’s relatively quick. However, you can lose things if you have valuable assets. If you qualify here, you force the creditors to get nothing more. You’ve paid them enough! File bankruptcy, and you will likely keep your home and your car (if current) under the current state of the law (these are called California bankruptcy exemptions). But you’ll want to have a skilled bankruptcy attorney to help so you don’t lose anything. Read more about Chapter 7 Bankruptcy, with regard to liquidation.
Chapter 13 Wage Earner Bankruptcy is all about forcing creditors to take payments based upon whatever you can afford, pending a bankruptcy trustee’s and bankruptcy judge’s approval. Filing bankruptcy under Chapter 13 forces creditors to settle up for dimes on the dollar. Chapter 13 Consumer Bankruptcy applies when your income exceeds your monthly expense to some extent such that you are able repay some portion of the debt back. Once again, recognize a Chapter 13 Consumer Bankruptcy puts you back in control. Learn and read more about Chapter 13 Bankruptcy.
Of course, you are free to file bankruptcy on your own. That is your right. Beware the lure of thinking that because you can do your own taxes, you can do your own bankruptcy forms. There are many legal decisions to make just in the listing of your assets. Which value do I list? (The amount paid? Current value? Garage sale?) Do I need to list every CD and DVD I own? And this doesn’t even get into the topic of bankruptcy exemptions and protecting your assets. Let alone the complicated Means Test for Chapter 7! Making a wrong move could cost you possession of your goods and property. It really does pay to hire a bankruptcy lawyer.
Will I get credit offers after my BK ? You will get credit after bankruptcy. This is a new beginning, and a fresh start. Some clients have been very concerned about the state of their credit after filing bankruptcy. It is a fact: a bankruptcy entry will appear on your credit report for 10 years following the discharge. This does not mean that you will not get a credit card, buy a home, or car for 10 years.
Far from it; remember: creditors want you to borrow. Shortly after your bankruptcy discharge, we can almost promise that you will receive a credit card offer to help you get back on your feet (possibly from Providian). The fact is, you no longer have the majority of your debt; you have an ability to repay (income is freed up), and you can’t declare bankruptcy (Chapter 7) again for eight years. Further, the probability of a consumer declaring bankruptcy a second time in their lifetime is low (it does happen, but after most people do it once, they change their habits).
Can I Buy A House or Car After I File Bankruptcy ? Yes! You can buy a house after bankruptcy. A home loan is up to the discretion of the lender, obviously. However, many of them want your business. They may charge you a higher interest rate or points on your loan, but it certainly is possible to get a loan for a house after bankruptcy. How long? Figure on waiting two years: the bankruptcy will still be there on your record, but it will be a diminished factor which they consider. We work with mortgage lenders we can direct you to which will help you into your next home. So yes, you can and will get a mortgage after you file bankruptcy. You will get a fresh start.
Los Angeles Bankruptcy offers a helpful bankruptcy consultation. We are here to help you take back control of your financial future.
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Post-Seminar Update: It was a fun, two-hour cdcbaa program, and the Chapter 13 trustees’ attorneys were very open with their policies. For instance, the panel shared a lot of information in an engaging format. Also, one of the trustee lawyers said it helped to have them share information; they learned a more efficient way to do things. Finally, the bankruptcy lawyer attendees were very involved, asking questions and even bantering with the Chapter 13 trustees’ lawyers.
Continue reading “cdcbaa Moderator Hale Antico Hosts Chapter 13 Trustee Panel”
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The following was provided to the newsletter of the cdcbaa, the largest organization of Los Angeles bankruptcy attorneys serving consumer debtors, by its two-term President, Hale Andrew Antico.
We’re approaching autumn. That means the start of school, football, pumpkin spice everything, and this: welcome to our final cdcbaa newsletter of 2021, and the last of my second term as President of cdcbaa. We thought we were turning the corner against the pandemic. But, the dreaded Delta variant has affected many people, causing a new wave of cautions. With it, we as a society, and yes, attorneys helping people, have become somewhat accustomed to a new normal. This means embracing doing business remotely while trying to balance with safely connecting in-person.
With that, the cdcbaa is proud to announce that our membership total continues to increase to over 215 members, despite the fact that the year is almost three-quarters over. The cdcbaa hasn’t seen membership levels this high seen since the Great Recession almost ten years ago. Much credit for our growth goes to Membership Chair David Shevitz, the cdcbaa board members on his committee, and their stalwart outreach efforts.
We’re almost two years into a global pandemic. One would think that with rising membership in a bankruptcy organization, consumer filings would be spiking with an anticipated surge. Yet, filing numbers continue to surprise expectations. In 2021, filings for all chapters in the Central District are down about 13% from lockdown year 2020. And that year showed a total 27% lower than 2019. Thus far in 2021, only two months have broken 2,000 Chapter 7 filings. In contrast, during the 2020 pandemic, eight months last year surpassed that benchmark.
The California eviction moratorium, which has protected so many renters, is set to expire on September 30, 2021. Mortgage forbearance programs are set to also end on that day. September 30th is also the expiration of student loan forbearance. If not extended, any one of these events may impact consumers and filings, and we must be ready to help those who need it with compassion and skilled expertise.
There’s some promising news which could help college graduates in the U.S. Senate. Two senators introduced a bipartisan bill which would make many student loans dischargeable in bankruptcy by amending 11 USC 523(a)(8). This potential student loan reform through bankruptcy is long overdue. The Fresh Start Through Bankruptcy Act is still in committee. However, it’s our hope that this bill will become law to help millions of struggling people discharge their school debt, so stay tuned.
One way to keep informed in this fast-changing world is the cdcbaa’s very popular MCLE programs. This month, I’ll be moderating a panel of Chapter 13 trustees’ staff attorneys. We’ll be discussing their offices’ measures in response to the pandemic such as the CARES Act. We’ll also take a look at their standard procedures, and where there is variance and agreement among the divisions to better help Chapter 13 bankruptcy attorneys.
Under the leadership of M. Jonathan Hayes and Roksana Moradi-Brovia, the cdcbaa continues to put on timely, informative, and popular programs to inform its members about developments in the law in an everchanging landscape. In May this year, Judge Mark S Wallace and Judge Wayne Johnson led a discussion of lien-stripping and family law-bankruptcy crossover with CDCA.
In June, we had fantastic programs on the developing issue of 706(b) conversions, as well as state court litigation. July saw two panels: one presenting on postpetition sales and another on nonattorney professionals in bankruptcy. A judge in attendance remarked both hours formed the best program they ever attended! The cdcbaa is appreciative to all those who give their time to present and help keep our members informed with the latest and best information.
Under the leadership of cdcbaa board member Keith Higginbotham (who also serves on the Bar Advisory Board), the cdcbaa is looking forward to gathering to host our annual Calvin Ashland Awards Dinner this November. We’ll be the awarding the honor of Judge of the Year to a deserving Chief Judge Maureen Tighe. This gala will be held in a ballroom atop the Universal Sheraton with a spectacular view overlooking the San Fernando Valley and Hollywood Hills, so you won’t want to miss out this November.
As always, I’m appreciative of the cdcbaa board of directors. Together, we accomplished so much these past two years. Marcus Tiggs led us on a migration of our popular listserv and added our recorded programs to our upgraded website. Under the stewardship of Treasurer Jeff Hagen, the cdcbaa is financially healthy and strong. Hard-working Daniela Romero edited this newsletter, and many others the past two years. And of course, my vice-president Lucy Mavyan has been key in helping out with numerous projects. She and Tamar Terzian have reached outside of our district to partner with consumer groups in other states.
And all this doesn’t even mention how tremendous the cdcbaa board of directors was in adapting to sudden change. Responding to pandemic measures and social distancing, we went from an educational organization that presented primarily in person, to one that pivoted to be transformed overnight to online-only, with eight webinars a year, each attended by hundreds of people. The feedback gathered by board member Gary Wallace shows that all this was done by providing outstanding customer service. And for that, I can only give enormous credit to the longtime heart and soul of our organization, celebrating her 10th year helping people, our skilled and talented administrator, Linda.
It’s been an exciting two years, and the cdcbaa is in fantastic shape to face a future that’s as unpredictable as life since 2020 has been. It’s been my honor serve cdcbaa and its members while working shoulder-to-shoulder with our many stakeholders and partners as we weathered through a devastating global pandemic. I’m humbled by our members and board to have been provided this honor, and I look forward to continuing to support the cdcbaa in the years ahead.
Hale Andrew Antico is President of the cdcbaa and practices bankruptcy law in Palmdale and Santa Clarita for over 20 years.
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Sept 30 Update:Â There are still some renter protections now that the California eviction moratorium ends today. Click for more details.
In 2021, eviction moratorium by the CDC has been in place since for about a year-and-a-half. It’s been protecting people and keeping them in their homes during a global pandemic. You probably heard that the Supreme Court ruled on the eviction moratorium, ending the protection. What does the Supreme Court ruling mean, and especially to California renters?
The Supreme Court ruled in a 6-3 opinion that the eviction moratorium was not constitutional, with the three liberal justices dissenting. A key part of the ruling said
“It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened. Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”
Bottom line is that the Supreme Court said that if the eviction ban were to continue, the right way to do it would’ve been through Congress, not the CDC.
The good news is that the eviction moratorium in California is still in place, for now. Back in June, California governor Gavin Newsom extended the existing California eviction ban until September 30, 2021.
After yesterday’s ruling , the California governor wrote, “California renters will NOT be impacted by this news, the state’s eviction moratorium remains in effect. We’re focused on ensuring tenants and small landlords get the rent relief they need under California’s renter assistance program, the largest in the country.”
As a result, despite the Supreme Court ruling, the California eviction moratorium protects Californians until September 30, 2021. Given Governor Newsom’s statement yesterday, it seems that he’s ready to extend protections for California renters into October and beyond.
READ MORE: Successful court ruling for Los Angeles eviction moratorium
When the California eviction moratorium ends, it’s not clear if bankruptcy can provide much help. In some cases, a Chapter 13 bankruptcy could help cure rental arrears. However, debtors must repay the arrearages for executory contracts and unexpired leases “promptly” in the Chapter 13, per 11 USC 365(b)(1).
Here’s where it gets interesting. Most Chapter 13 cases are 5-year terms. That doesn’t seem very “prompt.” Given the nature of rental agreements, five years isn’t a reasonable time to cure a one-year lease. Experience shows that it sometimes can be done in six months.
Most landlords don’t want vacant property, or to have to go find a new renter. Sometimes some money is better than none. A 6-month period has worked in some Los Angeles bankruptcy cases, but it needs to get the consent of the landlord. Unfortunately, there’s nothing to compel the landlord to be reasonable. Each case is different, so it may be worth contacting a local bankruptcy attorney for a consultation.
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2022 update: Fresh Start Through Bankruptcy Act of 2021 is still in committee, and nothing appears to be happening with it. However, the Biden administration just gave the Justice Department and Department of Education guidance to make it easier to discharge student loans in bankruptcy. Unlike the FSTBA, the Biden plan doesn’t require anything of the new Congress.
The Fresh Start Through Bankruptcy Act of 2021 was introduced into the Senate this week. What’s startling about this is that it’s a bipartisan bill, helping its future. The impact of the Fresh Start bill (or FSTBA) is that it would provide student loan forgiveness in bankruptcy. Bankruptcy for student loans hasn’t been an option for decades now, being a massive burden. This student loan bankruptcy reform would change that.
If the Fresh Start bill becomes law, it would eliminate student loan debt in bankruptcy for those student loans that were first due ten years prior. The undue burden test would apply for those newer than ten years. It’s still going to be tied to the means test, making a Chapter 13 a good solution for those who can afford to pay some, but not all.
In short, bankruptcy for student loans is on the table. But as of August 2021, student loan reform is still in the future. Write or call your senator and if/when it passes, contact your member of Congress. The Fresh Start bill still needs to become enacted into law. Now that student loan forbearance is set to end in 2022, perhaps Congress can get busy on this.
If you’re interested to learn more about the text of this student loan forgiveness bill and more precise information how it would work, I did a much more detailed write-up on the Fresh Start Through Bankruptcy Act of 2021 here.