Everything about bankruptcy

Bay Area Bankruptcy Lawyer

What can you do about wage garnishment?

With a judgment in hand, a creditor can garnish the person’s wages. Typically, a creditor can take 25% of net earnings from each  pay check until the entire debt – plus collection fees – is paid off. What can you do if you received an earnings withholding order, or, worse yet, if your wages are […]

Bankruptcy trustee meeting

21 things NOT to do at the 341 Meeting of Creditors

If you file a bankruptcy petition, you will normally be required to attend one court meeting, called 341 Meeting of Creditors.  This meeting is a very important step to getting your debts discharged. 341 Meeting is brief and fairly informal, and usually boils down to answering some standard straightforward questions posed by the bankruptcy trustee.  Your attorney […]


Are you affected by the new California law on collecting old debt?

January 14, 2014 | by Victoria Maydanik | category Bankruptcy Resources, California Chapter 13, California Chapter 7

If you live in California and have old debt – debt that you have not been able to make payments on for the last few years – you may be affected by the new California law regarding debt collection. For many common types of debts – such as credit cards – creditors have a specific […]


You versus the Joneses: does other families’ income matter if you are filing bankruptcy?

This may come as a surprise, but other families’ income does make a difference in your bankruptcy case.  Here is why: in the Means Test in your bankruptcy filing,  the court compares current median incomes with your gross income to assess your financial well-being and ability to pay creditors. Of course, your gross income (as […]

Bankruptcy can protect you

The worst types of debt: payday loans, co-signed loans, student loans

August 26, 2013 | by Victoria Maydanik | category Bankruptcy and loans, San Jose Bankruptcy Attorney tips

Most people have had debt of some kind during their lives.  While in the perfect world it may be great to be debt-free, for most of us some debt may be very hard or impossible to do without (for example, a mortgage loan if you want to own a house) and some debt may be […]

Are your Social Security benefits protected or endangered by filing bankruptcy?

July 1, 2013 | by Victoria Maydanik | category Bankruptcy Resources, Milpitas Bankruptcy lawyer tips

The answer is: “Usually, neither.”  In most cases, there is no effect on Social Security benefits and once in a while bankruptcy actually helps to protect the benefits that are due to you. As a starting point, by law, a person’s Social Security benefits cannot be assigned to any other person or company. According to Section […]


Do rising real estate values matter if you are thinking about filing bankruptcy?

May 1, 2013 | by Victoria Maydanik | category Bankruptcy and loans, California Chapter 13, San Jose Bankruptcy Attorney tips

Not that long ago, the values of many homes here in California Bay Area have dropped dramatically and the real estate bubble has burst. Or has it? The real estate market has been bouncing back in many parts of the Bay Area. A fairly typical situation was described by my potential client last week. She […]

Bankruptcy Success Story: David and Maria

April 10, 2013 | by Victoria Maydanik | category California Chapter 13, General Bankruptcy information

David* and Maria*, a couple in San Jose, California found out first hand just what a powerful and positive solution filing bankruptcy can be. David and Maria have been married for over 20 years and have three teenage daughters.  They have a small business, offering gardening and landscaping services.  When the economy was better, they […]

Can bankruptcy void and remove judgments?

February 14, 2013 | by Victoria Maydanik | category California Chapter 13, General Bankruptcy information

In many cases, yes. A bankruptcy judge can issue a specific order voiding a lien or other outcome of the judgment.  Even without such specific order, if the debt that resulted in the judgment is discharged through bankruptcy, a creditor does not have a right to enforce the judgment. Generally, if a creditor put a […]


Are your retirement funds in danger if you file bankruptcy?

January 7, 2013 | by Victoria Maydanik | category Bankruptcy and loans, San Jose Bankruptcy Attorney tips

Generally, no. Most retirement accounts are not considered to be part of the bankruptcy estate, and are out of the creditors’ reach. This includes traditional 401(ks), IRAs, government retirement accounts such as CalSTRS and more. If you are expecting a pension or are receiving a pension, creditors also usually don’t have a right to go […]

With the holidays approaching, let’s say “No” to consumerism and giving gifts we can’t afford

November 12, 2012 | by Victoria Maydanik | category General Bankruptcy information

We have been conditioned by stores and banks that we “have” to purchase gifts, and expensive gifts at that, for friends and relatives for every possible occasion: Christmas, New Year, birthdays, anniversaries, weddings, baby showers, Mother’s Day, Father’s Day, reunions, retirements, graduations, housewarmings and more. The gift-giving expenses snowball, and the guilt mounts if we […]

Can you file bankruptcy if you filed before?

Yes, as long as the previous case has been closed. However, you many not have the full benefits of bankruptcy protection and bankruptcy discharge, depending on how long ago you filed previously, how many previous cases you had, whether the previous case was Chapter 7 or Chapter 13, and whether it was completed successfully. The […]

california bankruptcy

What happens to joint or co-signed loans or leases when you file bankruptcy?

October 9, 2012 | by Victoria Maydanik | category Bankruptcy and loans

If you have any any joint or co-signed loans or leases, typically your liability for them will be cleared when you file bankruptcy, if the debt is of type that can be discharged. For example, if you co-signed a student loan, your liability for the student loan will not be discharged; but if you co-signed […]

How long will bankruptcy stay on your credit report?

September 4, 2012 | by Victoria Maydanik | category General Bankruptcy information

According to a report by Fair Issaac, a company that issues FICO credit scores, Chapter 7 bankruptcy remains on a person’s credit report for up to 10 years from the date the case was filed. In contrast, completed Chapter 13 bankruptcies typically get removed faster from the credit report – 7 years from the date […]

Will the bankruptcy trustee watch your YouTube videos and check out your Facebook posts?

July 28, 2012 | by Victoria Maydanik | category Bankruptcy court, Bankruptcy trustee, General Bankruptcy information

Maybe. The bankruptcy trustee‘s job is to make sure that he examines your financial situation carefully to see if your creditors should be paid – and if yes, how much. The trustee will prepare a report with his recommendations and give it to the judge. In most cases, the judge follows the trustee’s recommendations and […]