- Divorce
- Child SupportAnd don’t make a common mistake of leaving out reliable child support, the rent from your sister who lives with you, social security and disability payments received by your disabled child who lives with you. All of this is reliable income that can show you can make the payments on your modified loan for the long term. A lot of people think the strategy is to look pitiful. Wrong. That strategy gets your application dismissed as hopeless and the foreclosure is on the way.
- Spousal SupportPriority Debt – These are debts that are unsecured, but they are not dischargeable because they have a special status under the law. Typical priority debts are recent income taxes, and child and spousal support. There are other priority debts such as wages you owe to someone during the last 90 days.
- DUI/DWI
- RobberyStudent Loans – Yep, Student Loans are not priority debt, but they are non-dischargeable for life. For life – the only two things that have a lifetime statute of limitations are murder and student loans. Armed Robbery is only 20 years!
- Murder
- Intellectual Property
- Real Estate LitigationDavid Boone filed his first bankruptcy case in 1978. Mr. Boone is also a registered patent attorney and an experienced real estate broker and real estate developer. The firm previously did a substantial amount of intellectual property work, personal injury cases and real estate litigation. However, the firm has limited its practice to Bankruptcy matters for at least the last twelve years. The prior experience is of course useful when these other issues are involved in the Bankruptcy cases the firm handles. Why you should use San Jose Bankruptcy Attorney David A. Boone? Here’s a few reasons –
- Personal InjuryNon-dischargeable Debt – Creditors can object to the discharge of your debt if it was obtained by Fraud. This Civil Fraud requires several findings, particularly that you had no intention of paying the debt at the time that you incurred it. Typically, large cash advances or luxury purchases just before you file bankruptcy are challenged by creditors. Personal Injury damages from a drunk driving accident can be non-dischargeable but damages from the typical negligent accident are dischargeable.
- Estate Planning
- BankruptcyDuring the Chapter 13 bankruptcy, you work with the bankruptcy or insolvency department of the lender and it seems to us you get better treatment as the matter is more urgent. We find that you talking directly with the lender is a much more friendly interactive procedure than us getting in the way. Whether your attorney or a hired loan modifier, a third party adds nothing to the loan modification success rate. This is why it has been illegal for anyone, including attorneys, to take any money from you up front as a fee for a loan modification since October 8, 2009. That includes forensic audits. Reading your loan documents is not a forensic audit. And please don’t sign up to sue your lender because they don’t have the note, etc. Please don’t do that.
- ForeclosureLoan Modification can be done before, during or after a bankruptcy case. If you can do it before you file – great!. This is getting easier because recent changes in the law say they can not start foreclosure while they are considering a loan modification. Prior to this, the Lenders would start foreclosure while “considering” your loan modification. They invented the term “pre-foreclosure” to calm down hysterical homeowners. But there is no such thing. When they file the Notice of Default you are in foreclosure under California Law and there is no pre about it.