Riverside County Bankruptcy Lawyer Blog

Things not to do before filing Chapter 7

April 2, 2024 | by Christopher Hewitt

Filing for Chapter 7 bankruptcy is a significant financial decision that can have long-lasting effects on your credit and economic future. Before filing for Chapter 7 bankruptcy, there are several things you should avoid doing to ensure the process goes as smoothly as possible and to maximize the benefits of bankruptcy protection. Here are some things you should not do before filing for Chapter 7 bankruptcy:

Don’t incur new debt: Adding more debt shortly before filing for bankruptcy can raise suspicions of fraudulent behavior. Avoid using credit cards or taking out loans once you decide to file for bankruptcy.

Don’t transfer assets: Transferring assets or property to friends or family members before filing for bankruptcy can be seen as an attempt to hide assets from creditors. Such transfers may be considered fraudulent and can complicate your bankruptcy case.

Six Ways to Avoid Getting your Bankruptcy Case Dismissed

March 20, 2024 | by Christopher Hewitt

Filing for personal bankruptcy can be stressful for most people. Many families face irrational embarrassment and shame for going through a process created to protect working families. Nobody finds bankruptcy a pleasant topic or process. However, the end goal is to get your debt under control by discharging unsecured debt either through a Chapter 7 liquidation bankruptcy or a Chapter 13 repayment plan. Although all debtors have the same goal of discharge at the end of their case, avoiding the pitfalls that can allow your case to become dismissed is essential to ensure you get the results you want from your bankruptcy.

Serve all the creditors in a timely fashion

As soon as a debtor files for bankruptcy, the debtor or their attorney must notify all of their creditors of the bankruptcy. Timely and accurate notifications to the creditors are a legal requirement upon filing your bankruptcy petition. Each creditor needs the opportunity to dispute the bankruptcy petition if they find any discrepancies or fraudulent information within the bankruptcy petition. A debtor who fails to notify all the creditors of their bankruptcy risks the possibility of having their case dismissed.

Loan Servicing

February 20, 2024 | by Christopher Hewitt

Home loan servicers are companies that manage the day-to-day administrative tasks of a mortgage, acting as an intermediary between the borrower and the lender or investor who owns the loan. At the Law Office of Christopher Hewitt, we help clients with issues with their loan servicing companies protect their homes. In recent years, many clients have contacted us with questions about a company called the Specialized Loan Servicing LLC, located at 6200 S Quebec St, Greenwood Village, CO, 80111.

Why Loan Servicing

Typically, the lender chooses to use a loan servicing company. When a loan is initially issued, the lender either has an in-house servicing department or contracts with an external loan servicing company to handle the day-to-day loan management. In many cases, lenders may sell the loan to investors in the secondary market but retain the servicing rights or transfer them to another servicing company. Even though the lender that originated the loan may no longer own it, they or another designated company will still manage the loan servicing. Borrowers typically do not have a say in who services their loan and may find that their loan servicing is transferred one or more times during the life of the loan. When a loan servicing transfer occurs, borrowers are notified in advance by the old and new loan servicers, as required by law, to ensure they know where to send their payments.

Cram Down in Chapter 13

February 8, 2024 | by Christopher Hewitt

A “cram down” in bankruptcy refers to a legal process used primarily in Chapter 13 bankruptcy cases, allowing debtors to reduce the principal balance of a secured debt to the asset’s current market value. If you owe more on a loan than what the property (like a car, equipment, or sometimes real estate) is worth, you can “cram down” the loan amount to match the property’s value. The process effectively splits the debt into two parts: a secured debt equal to the property’s current market value and an unsecured debt for the remaining balance. It is essential to understand your leftover income after expenses on your Chapter 13 bankruptcy petition if you are trying to avoid paying for the unsecured debt.

An example of an auto cram down

You have a car loan with a balance of $15,000, but the current market value is only $10,000. You could reduce the loan balance to $10,000 by cramming down to the car’s market value. The remaining $5,000 becomes part of your unsecured debt, which the debtor will pay off at a significantly reduced rate through your Chapter 13 repayment plan.

Foreclosure on Homes by HOAs

February 1, 2024 | by Christopher Hewitt

Throughout the United States, an increasing number of people complain about corruption stemming from the homeowners’ associations (HOAs) their homes are a part of. Some HOAs are increasing fees so fast that homeowners can’t keep up with their HOA payments. Others have been accused of laundering the money from the HOAs they preside over for their benefit. An even more alarming trend is emerging: having your home foreclosed on by an HOA with minimal warning and for a minimal amount of unpaid HOA fees.

Luckily, in California, there are laws to protect homeowners from an HOA foreclosing on their home. However, it is essential to understand the laws and ensure you protect your investment and your family home. As a bankruptcy attorney, I have dealt with these kinds of issues. Having been in the business of helping clients avoid foreclosure, I have seen all sorts of different methods banks, lenders, and HOAs may use to foreclose on your home.

In California, the laws governing HOAs and their ability to foreclose on properties are outlined in the Davis-Stirling Common Interest Development Act. This Act provides a comprehensive legal framework for managing and operating common interest developments, including HOAs, in California. Here are critical aspects of these laws as they relate to HOA foreclosures:

Considering Bankruptcy for Medical Debt: Navigating the Statute of Limitations

December 13, 2023 | by Christopher Hewitt

When you have a mountain of medical debt, it can feel as though there’s no way out. However, the statute of limitations in California provides a timeframe beyond which a creditor cannot sue you for certain types of debt, including medical bills. This article explores the implications of the statute of limitations and evaluates whether declaring bankruptcy is a viable solution.

What Happens if a Creditor Doesn’t File Within the Statute of Limitations?

A creditor must sue for medical debt before the statute of limitations expires. After this period, the debt becomes “time-barred,” making it illegal for creditors to file a lawsuit. However, simply waiting out the creditors is not always practical or efficient.

Simplifying Debt Consolidation: A Guide for Californians

December 12, 2023 | by Christopher Hewitt

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In California’s diverse economic landscape, managing multiple high-interest debts is a significant challenge for many. Debt consolidation offers a practical approach, allowing individuals to combine their debts into a single, more manageable monthly payment, potentially with a lower interest rate. This method is akin to putting all your financial burdens into one basket, simplifying your financial management.

However, opting for debt consolidation in California requires a thorough evaluation of various options, each with its unique set of advantages and challenges. These options include credit card balance transfers, debt consolidation loans, home equity loans, and personal loans.

Pros of Debt Consolidation:

Being sued by Macdowell & Associates

December 6, 2023 | by Christopher Hewitt

There is a company in Newport Beach called MacDowell & Associates which has earned a notorious name throughout Southern California as a debt collection agency who sues debtors across the region. This region is likely to affect areas such as Santa Ana, Riverside, Anaheim, and maybe even down to Temecula. If you have received any correspondence from this company or any other debt collection agency, you may want to contact a lawyer before making any response to the agency. Many uneducated debtors will unknowingly make a payment to a debt collection agency even though that debt has already expired and may cause the debt to reset its expiration and give legitimacy back to the debt. When debt has already expired but a debt collection agency tries to get money back from the debtor regardless, it is called a Zombie debt collection agency.

What are Zombie Debt Collectors?

“Zombie debt collectors” refer to collection agencies or debt buyers that attempt to collect on old, often expired, or previously settled debts that may no longer be legally enforceable. These debts are sometimes referred to as “zombie debts” because they can seemingly come back to life after a period of inactivity.

Getting a Heloc Loan in California

November 27, 2023 | by Christopher Hewitt

Over the past three years, a series of impactful events have significantly influenced the housing market. In response to the economic challenges posed by the COVID-19 pandemic, the Federal Reserve injected unprecedented amounts of money into circulation. This infusion of funds gave more individuals cash in hand to make down payments on homes.

Why Did California Home Prices Rise So Fast?

Simultaneously, the widespread adoption of WFH (work from home or remote work) reshaped living preferences, prompting a shift from urban to suburban and rural areas. People realized that if they didn’t need to consider commuting, they saw their relationship with work differently and could make lifestyle choices accordingly. Those who made a home purchase in 2020 or 2021 likely secured favorable fixed-interest rates, while those with adjustable rates may find themselves facing financial challenges. With interest rates at historic lows during the 2020-2021 period, the National Association of Realtors (NAR) highlighted in a report that the qualifying income for a median-priced home in America was approximately $50,000. Fast forward to 2023, and this figure has surged to around $107,000. This means that prospective homebuyers, who would have met the criteria for a home loan just a few years ago, now need significantly higher incomes to afford a similar property. This makes the number of possible home buyers shrink immensely over just a few years, not because they don’t want to buy a home but because they are no longer able to qualify for the mortgages. There are even stories floating around online that people who no longer qualify for the mortgage they already have, are being forced to refinance under the new interest rates simply because they no longer qualify based on the current conditions. That means theoretically people who had a 3.5% fixed mortgage could be forced into a 7.5% mortgage simply because they don’t make enough money after inflation. America has a habit of charging people more money when they can’t afford their current situation.

How to Give a Car Back

November 17, 2023 | by Christopher Hewitt

How it started

When Covid-19 hit America it was a black swan event that nobody could have predicted the series of financial turmoil it would cause for many Americans. Several major factors contributed to the reasons why Americans decided to buy new cars. Huge stimuluses were provided giving millions of Americans cash in hand as they pivoted from working in offices to working at home. With overflowing bank accounts and the fact that nobody could travel, eat out or do anything, many people decided to go out and finance new cars. Supply chains were also virtually shut down making car production and delivery difficult resulting in people fighting over what inventory was available. Many people are now asking how to give a car back and we are going to explore the options available to you.

What dealerships did