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Safer Law Blog
What Happens to my Car in Bankruptcy

What Happens to My Car in Bankruptcy?  What is the Bankruptcy Ride Through Doctrine?  What's a Back Door Ride Through?


Obama’s Federal Tenants in Protection of Foreclosure Act Becomes California State Law (PTFA 2009, PTFA 2010 Amendment & CC 1161b)…


California Passes Homeowner's Bill of Rights

The Bill writes many aspect of the National Mortgage Settlement between the 5 big banks and the U.S. Government into California law.  This means that all banks will have to follow these guidelines in California on a going forward basis.  Assembly Bill 1602/Senate Bill 1470 titled, The Foreclosure Reduction Act of 2012, passed by a wide margin, goes into effect 1/1/2013, and sunsets in 2018.  The highlights of the Bill...

California Court Fees Sky Rocket

As of June 27, 2012 the new "Superior Court of California Statewide Civil Fee Schedule" went into effect.  Not all courts have implemented the new fee structure yet but the changes should be made shortly.  Read more for the complete fee schedule.  In sum the current $355 civil filing fee and Defendant's first response fee are now $435.  Appeals have increased from $660 to $775.  The cash strapped Riverside, San Bernardino, and San Francisco courts have additional surcharges.  The separate federal bankruptcy court filing fees increased by only $7 late last year.


Affording Bankruptcy

1,000,000 American Consumers Who Need to File Bankruptcy Cannot Afford the Cost According to the National Bureau of Economic Research

This study came out on the heels of the United States Bankruptcy Court's report regarding success rates for Self-Represented debtors and Bankruptcy Petitioner Preparers in California.  The aptly titled report "Justice in Crisis: Self-Represented Parties and the Court" speaks volumes about the current problems.  The cost and complexity of bankruptcy skyrocketed after the 2005 BAPCA amendments ($1500 2011 Nat'l Average vs. $500 in 2004) which has resulted in more "do-it-yourself" Chapter 7 bankruptcy filings.  However, the overall percentage of 2011 consumer bankruptcy filings (1.3%) is less than the 2004 percentage (1.4%).  In either event, approximately 40% of non attorney filings do not receive the bankruptcy discharge but the consumer's credit report is still damaged all the same.  Consumers are over 800% more likely to have their cases dismissed than attorneys. The Chapter 13 and Chapter 11 statistics are even worse.  Those processes are too complex for even most non-bankruptcy attorney's to handle.  If you're considering filing bankruptcy but don't think you can afford a lawyer then your best chance at success may be to go with a local, experienced bankruptcy attorney that will work with your budget.  Avoid "legal mills" and inexperienced, uninsured self proclaimed bankruptcy lawyers like the plague.  The American Bankruptcy Institute's list of pro-bono (free) legal assistance providers may also help you get started: http://probono.abiworld.org/index.html

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