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Health Benefits of Bankruptcy

Man enjoying the health benefits of bankruptcy.

While you might think running from your creditors would keep you in good shape, the harsh reality is, "you can run, but you can't hide." Change your phone number as many times as you want, but you'll still be looking over your shoulder, waiting to be sued or waking up at 3 in the morning thinking you heard the repo-man in your driveway.

We know there are some obvious financial benefits to bankruptcy, but what about your health?

Calling for Relief

The most fascinating part of my work is the first call. After speaking with what seems like countless people who are looking into the option of bankruptcy, I have found that some have tears, all are frustrated and stressed, and a surprising number apologize to me for their emotions. They apologize for the tears and frustration because they think that they are alone in their situation, and feel as if failure is knocking on their door. They have become overwhelmed with debt collectors, pressure to support their family, the inability to find work, medical bills, and the list goes on. My prayer to these people is to stop stressing, stop worrying, and let themselves find relief. Many of our clients enter our office for the first visit timidly, with a sense of insecurity or embarrassment. They are often misinformed about bankruptcy.

Student Loans and Bankruptcy - Observations

Student loans are ballooning. At four-year colleges and universities, more than two thirds of students have them. An average amount as of 2008 is over $23,000. Almost all students who go to private universities have student loans.
These statistics are made worse when you realize that they are just for federal student loan debt and do not count private student loans.
Student loans are ballooning. At four-year colleges and universities, more than two thirds of students have them. An average amount as of 2008 is over $23,000. Almost all students who go to private universities have student loans.

Is filing bankruptcy better than just not paying your debtors back?

Many people feel really bad about the decision to file for bankruptcy, and there are a number of situations in which bankruptcy is not the right solution.  However, in many instances the people who feel bad cannot, despite their absolute best efforts, payoff the debts that they owe.  In such situations, is it better to just not pay your bills or is a more ethical to file for bankruptcy?
Many people feel really bad about the decision to file for bankruptcy, and there are a number of situations in which bankruptcy is not the right solution.  However, in many instances the people who feel bad cannot, despite their absolute best efforts, payoff the debts that they owe.  In such situations, is it better to just not pay your bills or is a more ethical to file for bankruptcy?

California foreclosure timeline

A lot of clients come in worrying about their house being in danger of immediate foreclosure. By filing for bankruptcy at any time during the foreclosure process, you automatically pause this procedure and protect your home for a limited time. Here is a basic breakdown of the timeline of a typical foreclosure:

5 Reasons to Look Forward to Your 341 Meeting

One of the most unnecessary stressors for a bankruptcy client is anxiety about the 341 meeting.  Here are five reasons to be excited about the 341 meeting.

1. It won't take long. Most 341 Meetings will only last 3-5 minutes. The trustee will usually ask a few (yes, only a few) questions regarding your case.

From Beginning to End: The Filing Process

A lot of clients wonder what steps it takes to file a bankruptcy case. Below is a basic outline of our appointment schedule. We don't charge you for wanting to see us, and you are always welcome to add a follow-up, document drop-off or payment appointment if you choose.

At Lincoln Law, we understand that you are going through tough times so we don't hassle you for payments or to schedule appointments.

Non-Recourse Loans: The California Anti-Deficiency Statute and Foreclosure

For many borrowers, the choice of whether to file bankruptcy depends on a determination of whether a home-owner will be liable for debt on his home following foreclosure.

California has enacted a very strong law protecting home-owners from deficiency judgments following a foreclosure.  This is called the anti-deficiency statute or non-recourse statute.  It says, in sum, that borrowers who take:

   1. purchase money loans
   2. on an owner-occupied residence

7 Reasons Every Mortgage Modification Success should consider Chapter 13 Bankruptcy

In my office I increasingly see clients come in for consultations after having completed a mortgage modification. I wish that I saw it much more frequently. With its singular ability to entirely remove a second mortgage, bankruptcy is an excellent follow-up to mortgage modification.

The Truth about Bankruptcy and your Second Mortgage

One of the most exciting areas of bankruptcy law is the ability to discharge or remove a second mortgage.  For years the ability to remove a second mortgage was largely irrelevant as property values rose year after year.  Now the power of the bankruptcy court has become one of the most powerful consumer protection laws on the books.  It is important for every home-owner to know his right to adjust his home mortgage through the bankruptcy law

The Danger of the Short Sale


Frequently the best way to get out of an upside-down mortgage without bankruptcy is to short sale a house. The basics of a short sale are that the lender allows the borrower to sell his real estate for less than is owed. In exchange for saving the lender the cost of foreclosure, the borrower typically expects to be forgiven of the remaining balance. The borrower must always look at the terms of the short sale contract.

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