Congress, through its enactment of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), created what is known as "The Means Test" to determine potential bankruptcy debtors' ability to repay any of their general unsecured debt. Debtors compute their income as defined by...
Alberto Montefalcon serves individuals who need to file bankruptcy. Many are consumers, some married, some single, who need to address and solve their problems related to financial hardship. At times, some of these individuals operate their own businesses as sole proprietors. How does this affect...
A bankruptcy attorney's fees for the representation of a debtor are typically a flat fee in Chapter 13 bankruptcies. While these fees are not determined by the bankruptcy court, in some situations, court-approval may be required. Debtors and attorneys may freely negotiate a fee for...
An experienced and knowledgeable bankruptcy attorney such as Alberto Montefalcon may assist anyone whose financial situation necessitates the filing of a bankruptcy case. Prospective bankruptcy debtors need someone to provide them with information about their rights, including whether to file a bankruptcy case. Many prospective bankruptcy...
Unfortunately, bankruptcy debtors, especially those that represent themselves, often make errors on their bankruptcy petition, schedules, or statement of financial affairs. However, while they may correct any mistakes with the necessary amendments, retaining an experienced bankruptcy attorney like Alberto Montefalcon at the very inception of...
§ 1322(b)(1) of Title 11 provides that a Chapter 13 plan of repayment “ may modify the right of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence…” "Cramming down" a...
To learn about bankruptcy, contact Alberto Montefalcon, an experienced Sacramento metropolitan area/Northern California bankruptcy attorney. Contact his office online or schedule a consultation at any of our three conveniently located offices. Telephone our downtown Sacramento office at (916) 444-0440, our South Sacramento office at (916)...
The means test was created to ensure that consumers who have the financial ability to repay some portion of their unsecured debt, do so in a Chapter 13 bankruptcy case. Just about every form of money received or paid on behalf of a prospective bankruptcy...
Federal bankruptcy law changed significantly in 2005 with the enactment of Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The Act was a result of a billion-dollar lobbying effort by the banks and credit card companies. It was aimed at reducing the number of bankruptcy...
Alberto Montefalcon has the experience and knowledge to help any person properly consider his or her options when overwhelmed with financial difficulties as a result of unpaid debt. One possible viable option for individuals who are delinquent on debt payments is filing a Chapter 7...