charlesdaff.com

 

BANKRUPTCY ATTORNEY | SANTA ANA, CA

 

Bankruptcy Attorney: Charles Daff

ocbklaw.com  can now be found by using charlesdaff.com.

Charles Daff is located at 2107 N Broadway, Suite 308, Santa Ana, Ca. 92706.

Telephone: 657-218-4800

Fascimile: 657-218-4858

State Bar No: 76178

Charles Daff is a Certified Bankruptcy Specialist with The California State Bar

bankruptcy, chapter 7, 11, 13, personal bankruptcy, business bankruptcy, foreclosure, debt relief

www.linkedin.com/in/

charlesdaff.com

Bankruptcy- What does a chapter 7 trustee do?

 

BANKRUPTCY-CHAPTER 7 TRUSTEE

What does a chapter 7 trustee do is best answered according to the National Association of Bankruptcy Trustees. as follows:

Although their obligations are many and varied, the Chapter 7 Trustees’ primary goal is to liquidate assets for the benefit of creditors where possible.  Chapter 7 Trustees distribute approximately $1.5 billion each year to creditors.  In approximately 90% of the Chapter 7 bankruptcy cases filed, there are no assets available for liquidation, either because assets are exempt (protected) by debtors or encumbered by secured creditors.  In all cases, Chapter 7 Trustees must investigate the debtor’s affairs, examine the debtor under oath, and submit reports to the bankruptcy court and Office of the U.S. Trustee.

The Panel Trustee will review the debtor’s petition and schedules after they have been filed with the Court.  The Panel Trustee may request additional information from the debtor to review in conjunction with the debtor’s petition and schedules.  The Panel Trustee specifically reviews the debtor’s exemption schedules to determine whether the debtor has properly followed the state or federal exemption laws.  The Panel Trustee formulates questions to ask the debtor at the Section 341 hearing regarding the debtor’s assets, liabilities, income and expenses.  The Panel Trustee serves as the hearing officer for the 341 hearing.  Each debtor is sworn and examined by the Panel Trustee and the creditors are allowed the opportunity to ask questions which is moderated by the Panel Trustee.  After the Section 341 hearing, the Panel Trustee will object to exemptions that have been improperly claimed.  The Panel Trustee must file an objection to the claimed exemptions within 30 days of the Section 341 hearing.  The Panel Trustee will seek turnover of assets held by the debtor or other parties and will arrange for their eventual sale.  The Panel Trustee may also seek to recover assets conveyed by the debtor prior to the filing of the bankruptcy.  This could include payments made by the debtor to its creditors within 90 days of the bankruptcy filing or 1 year if the payments were made to related parties of the debtor.  The Panel Trustee will cause a notice to be given to all creditors to file their claims with the Bankruptcy Court.  The Panel Trustee will then pay creditors according to the priority level they have been given by the Trustee.  After all funds held by the Panel Trustee are distributed, the Trustee will seek approval of the Court to close the bankruptcy case. National Association of Bankruptcy Trustees is the source of the above information.

 

Bankruptcy-Motion to Avoid Judicial Lien,

 

BANKRUPTCY ATTORNEY | SANTA ANA, CA

 

Bankruptcy–Avoid Judicial Lien on Homestead Property

Bankruptcy- Chapter 7 and Chapter 13:   If you filed a bankruptcy case and are confronted to find that a judicial lien remains on your real property(your residence) , you have a remedy.  It is not uncommon for a debtor who owns real property to neglect to avoid the judicial lien during the case.  Typically, the discharge is entered by the court and the case is closed.  Months or even years after the discharge the debtor goes to sell or refinance the real property to discover that the lien is still enforceable. Fortunately for the debtor, the lien can be avoided under Bankruptcy Code section 522(f)(1), if the lien impairs the debtor’s homestead exemption.

The housing market increased market value in real property over the past  years.  Many debtors are creating their new life  with a fresh start their bankruptcy case.  The surprise to sell the real property or to refinance to find the abstract of judgment remains on the real property does not have to derail the plan. The Bankruptcy Court allows a debtor to re open the bankruptcy case and allows the debtor to file the motion to avoid the judicial lien.  The lien is avoided by the Bankruptcy Court after a motion and right to a hearing is provided to the creditor.  This applies to the real property that the debtor declared as his or her  homestead in the bankruptcy case.  The homestead exemption applies to the debtor’s residence.  This procedure works in Chapter 7 and Chapter 13 cases.

Bankruptcy Attorney

Charles W. Daff  is a State Bar Certified Specialist in Bankruptcy with more than 39 years experience.   The firm  represents consumers and business owners  in Chapter 7, Chapter 11, and Chapter 13 bankruptcy.   Charles also serves as a Chapter 7 Bankruptcy Trustee in Riverside and San Bernardino Counties currently,  as a result of his appointment by the U.S. Department of Justice in 1987.

bankruptcy, chapter 7, 11, 13, personal bankruptcy, foreclosure, re open case,
avoid lien, abstract judgment, refinance, sell,

www.linkedin.com/in/

charlesdaff.com

Debt Relief

BANKRUPTCY- ATTORNEY | SANTA ANA, CA

 

Here is why  financial experts in Orange County, Los Angeles County, San Bernardino County and Riverside County are talking about plan for bill consolidation for consumers. (Chapter 13).  A chapter 13 case can put the consumer back in charge of his or her financial obligations.   The Chapter 13 case is a plan of reorganization for the consumer who is self-employed, a sole proprietor,  an employee or wage earner.  The chapter 13 process is designed to cure arrears on a house payments,  pay a tax debt or pay a money judgment.    Here are some of the benefits in a chapter 13 case.

  1. Stops Foreclosures (Trustee’s Sales)  and provides the homeowner up to 60 months to cure the arrears on past due house payments and real property taxes.  Stops Repossessions of motor vehicles and provides the owner up to 60 months to cure the arrears on past due car payments.  The debtor is entitled to reinstate the payments that are in arrears on secured debts.  The arrears on a deed of trust can be amortized over 60 months in many cases to bring the loan current.  The arrears on a car payment can also be cured during this same 60 month period.
  2. Stops the telephone calls, collection letters and collection efforts by creditors because of the automatic stay issued by the bankruptcy court in a bankruptcy case.  The automatic stay stops the creditors from enforcing the debt while the bankruptcy case is pending in the court.  The creditor must obtain relief from the automatic stay prior to continuing to enforce the debt after the case is filed by the debtor.
  3. Protects your real property, your paycheck earnings, personal property, and bank accounts from seizure and liquidation or foreclosure by creditors.  Stop Garnishment and Bank Account Levies by the automatic stay.  Stop Creditors.
  4. Reorganize your debt payments under the Bankruptcy Code.   A chapter 13 case is also know as a bill consolidation plan which allows the debtor to use his or her best efforts to use all disposable income to repay creditors.
  5. Make your creditors comply with your personal reorganization plan as approved by the Bankruptcy Court.  The Bankruptcy Court conducts a hearing after giving notice to your creditors of the terms and details of your proposed reorganization plan.
  6. Charles Daff, a Certified Bankruptcy Specialist by the State Bar of California is located at 2107  N. Broadway, Suite 308, Santa Ana, Ca, 92706.

Telephone: 657-218-4800   ; Fax 657-218-4858

www.linkedin.com/in/

charlesdaff.com