Our Blog
California Bankruptcy Exemptions: System 704 vs. System 703
California has two bankruptcy exemption systems and you must pick one. Learn the differences between System 704 and 703, the AB 1885 homestead amounts for 2026, and which fits your situation.
Utah Homestead and Vehicle Exemptions in 2026
Utah's homestead exemption protects up to $53,700 of home equity for 2026. Learn the 2026 figures for home equity and vehicles, how exemptions apply in Chapter 7 and Chapter 13, and how to claim them.
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, most of which are routine.
Bankruptcy in Utah Means Going to Court?
Many people hesitate to get the financial help and debt relief they need by filing bankruptcy because they are scared of going to court. If they hire the right bankruptcy attorney, however, they will rarely need to go to court and they will know before they even file their case if they need to go to court.
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. The appointments below are always required.
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:
Debt Relief Now for a Financial Future Later
As I watch my neighbors pull away in their new 33 ft. Chateau Motorhome, I can’t help but wonder how in the world they ever afforded it. I’ve only ever seen them drive old cars. And, while they’re always dressed quite nicely, he’s not wearing Calvin Klein, and she’s not carrying Gucci. As I stop to think about it, I realize, that may be our problem. Our need to have shiny, new toys may be why we never seem to get ahead—why we have so much debt. I’ve always known my neighbors to be thrifty, now I know why.
Do You Qualify for a Chapter 13 Bankruptcy?
Filing for a chapter 13 bankruptcy is a powerful antidote that can put an end to collector calls, garnishments, lawsuits, repossessions, foreclosures, and more all while protecting your assets. The first step is to determine if you fit the legal requirements to file for a chapter 13. 1. Do You Have a Reliable Source of Income?
It pays to hire a bankruptcy attorney
It only takes several hours for someone to throw together random paperwork to file a bankruptcy case, but it can take years and tens of thousands of dollars or more to try to fix and litigate the mistakes in the paperwork if not prepared correctly in the beginning. Hire an experienced bankruptcy lawyer!
Do You Qualify for a Chapter 7 Bankruptcy?
Filing for a chapter 7 bankruptcy is the best way to get rid of debt when your income to debt ratio is out of proportion. It will help to put an end to all collector calls, garnishments, lawsuits, repossessions, foreclosures, and more without leaving you responsible for payment. It’s not a one-size-fits-all so let’s take a look at some of the requirements to file a chapter 7. 1. Is your income below the median family income in your state?
Utah Bankruptcy Filings Increase in December
The number of Utahns who filed for bankruptcy increased 11 percent in December of 2016 from December 2015.
Do I Need a Bankruptcy Lawyer? Utah & California Guide
If your financial struggle is causing you to consider filing for bankruptcy, you might be wondering if you must hire a lawyer to represent you. The Risks While technically there is no requirement to hire a lawyer.
The Importance of Local Bankruptcy Counsel
At a Chapter 13 Confirmation Hearing the other day, an out of area attorney from Fountain Valley was appearing via phone on his Sixth Amended Plan. You might wonder, “What was an attorney from Southern California doing representing a client in Oakland that he had never met in person”? I was wondering the same thing...
Trust in your Bankruptcy Attorney
The great thing about hiring competent counsel and doing your due diligence up front is that you should be able to trust your attorney and the advice they give you. If, after retaining your attorney, you start questioning and wondering if you made the right choice, you should contemplate why. You have an absolute right to a second opinion but the fact that you are seeking a second opinion speaks to a larger problem.
Enough Debt to File Bankruptcy?
The end of Summer brings the Fall season - which to many means football and barbeque. This was most true for me when I lived in Oklahoma. Most of my neighbors were extremely emotional about their football and their barbeque. I wasn’t surprised with the love of football.But I was extremely surprised at how many opinions there were about barbeque! I can’t even count the number of lessons I was given by grill or pit masters (by the way everyone down there considers themselves a pit master) on how to properly grill.
Cancer survivor on the right path to beat Debt!
Cancer alone is a terrible burden. Unfortunately when someone battles cancer they not only have to fight this horrific disease but all the other collateral damage that comes with it. And for many people they have no other alternative but to become tough as nails. Today I received a phone call from...well for the purposes of this blog let's call her Mary, who is a cancer survivor and whose story I would like to share.
Ashamed Of Your Debts? Don't Be.
When I decided to ask my Wife to marry me I felt pressure to purchase a ring that – at the time – was way too expensive for me. I loved her – so why wouldn't I do everything I could to show my love?
Why not to use Outdated Information on the Internet
You learned in school not to write all your papers by just looking on the internet. It was a sign of lazy work and arose suspicion of cheating. And the information that you found on Wikipedia wasn’t to be trusted. Who knows who wrote that? Times have changed since I was in school. Now the internet is a vital source of information and authorship can be verified on reliable websites. And it takes a long time for editors to publish books, and a long time to get to the library to check them out.
Love, Co-Signing & Bankruptcy
I’m a bankruptcy attorney with Lincoln Law. This means I get to speak with and listen to a number of people every day that are considering bankruptcy. I’ve been doing this work for almost 16 years now and have helped over 10,000 people struggling with too much debt.
Meeting clients' phone needs
The biggest complaint that people have about their attorney is a lack of communication. People trust their attorney and open up about some really sensitive difficult situations. They share what they are struggling with the very most, and they share it with someone who knows a lot more than them about the law. Then they have to trust that they will get the help they need on their difficult situation. Well, imagine the frustration when the attorney does not respond back in a way or a time that is quick enough. Lincoln Law addresses our clients' very real needs to communicate with us about their case and their personal situation.
Expenses Prior to Filing Bankruptcy in Utah
Planning to file bankruptcy in Utah? Learn which pre-filing expenses may raise trustee concerns, and how to protect yourself. Practical guidance from Lincoln Law's bankruptcy attorneys.
Remedies for Medical Bills
The pain doesn't always stop after you make it home from the hospital. Your body may feel fine, but deep down your mind continues to stir with the stress of mounting medical bills. After paying for your trip to the ER, the abundance of tests, consultations, supplies, room, hospital staff, plus the doctor's bill, your wallet is done for. Fortunately, there are a number of things you can do to prevent, reduce, or even eliminate your financial headache.
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.
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.
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.
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?
Maria Gonzalez's blog
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.
7 Reasons Every Mortgage Modification Success should consider Chapter 13 Bankruptcy
Increasingly, clients reach out for consultations after completing a mortgage modification. With its singular ability to entirely remove a second mortgage, bankruptcy is an excellent follow-up to mortgage modification. Here are 7 reasons why everyone who completes a mortgage modification should consider also filing for Chapter 13 Bankruptcy.
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
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. How can bankruptcy help discharge my debts?
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.
