Tran Bankruptcy Law

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02/08/2023

In bankruptcy, a judgment lien can be removed if it impairs the exemptions provided by law. This means that if the lien attaches to property that would otherwise be exempt, the debtor can file a motion to avoid the lien in the bankruptcy court. The process for removing a judgment lien in bankruptcy....

02/08/2023

Workers’ compensation claims are protected in bankruptcy proceedings under federal law, specifically the Bankruptcy Code. Section 523(a)(4) of the Bankruptcy Code provides that debts arising from fraud or defalcation while acting in a fiduciary capacity, or for willful or malicious injury to anoth...

02/08/2023

In California, personal injury awards are generally exempt from bankruptcy under California’s exemptions laws. The exact exemptions that apply to personal injury awards in California bankruptcy can vary depending on the specific facts of each case. However, some of the most common exemptions that ...

02/08/2023

Certain debts are not dischargeable in bankruptcy, meaning they cannot be eliminated through the bankruptcy process. These non-dischargeable debts include: It’s important to note that these exceptions vary by state and by type of bankruptcy case. In some cases, certain exceptions can be challenged...

02/08/2023

An adversary proceeding is a separate lawsuit within a bankruptcy case that is initiated by a creditor, the trustee, or the U.S. Trustee. If a creditor files an adversary proceeding against you, it means that they are seeking to have a debt declared non-dischargeable in your bankruptcy case. Here’...

02/08/2023

Bankruptcy fraud refers to any illegal activity or misrepresentation made in connection with a bankruptcy case, with the intent of obtaining a benefit or avoiding a legal obligation. Here are some common examples of bankruptcy fraud: These are only some examples of bankruptcy fraud and it’s illega...

02/08/2023

Yes, you can sell your house during Chapter 13 bankruptcy, but it will likely require the approval of the bankruptcy court and may be subject to certain restrictions. The sale of a house during Chapter 13 bankruptcy is considered a “disposition of property” and the proceeds from the sale must be...

02/08/2023

Yes, you can sell your house during bankruptcy, but it may be subject to certain restrictions and requirements depending on the type of bankruptcy you are filing. In Chapter 7 bankruptcy, the sale of a house is considered a “disposition of property” and must be approved by the bankruptcy court. ...

02/08/2023

The means test is a financial analysis used to determine whether an individual is eligible to file for Chapter 7 bankruptcy. To pass the means test, a debtor must show that their average monthly income is less than the median income in their state for a household of their size. If the debtor’s inc...