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San Diego Bankruptcy Law Blog

San Diego credit scores improve, debt does not

Credit scores in San Diego improved in January, rising from an average of 684 in December to 685 in January. Although San Diego credit scores are now higher than the national average, the average debt per person also continues to be above average. While this may seem irregular, the larger-than-average debt is directly related to the high cost of living in San Diego.

The company that issued the results -- CreditKarma -- also noted that for the first time in nine months, scores have improved across the country. The average increase in consumer credit score nationwide rose from 660 to 661, making the increase in San Diego particularly positive.

Wealthy California developer files for bankruptcy protection

A California real estate developer recently filed for Chapter 7 bankruptcy after defaulting on a sizeable loan. According to court documents, the prominent developer has a lot of assets but also a high level of debt. The court estimated the man's assets at $3.2 million and debts at $136 million. The problems, however, began three years ago with a $17 million loan.

The loan was obtained for a housing project that was never built. After defaulting on the loan, it was purchased, and the new creditor obtained a judgment against the man. The parties appeared to reach a settlement agreement, but then the creditor backed out. As a result, the developer filed for Chapter 7 bankruptcy protection while he attempts a fresh start.

What kinds of debt are restricted from personal bankruptcy?

Readers in the Escondido area who are considering bankruptcy will want to know exactly what kinds of debt can be eliminated through a bankruptcy filing. To that end, it is important for California residents to be aware of the types of debt they have and what options are available for a fresh start.

Though there are exceptions, in the majority of cases, the following kinds of debt are not allowed to be discharged through bankruptcy:

• Secured debt

• Student loans

• Alimony or child support

• Restitution

• Car accidents caused by the use of illegal substances

• Car accidents caused by malicious intent

• Income tax debt

• Ex-spouse credit card debts or legal fees

Law students throughout the U.S. filing for bankruptcy protection

California residents may not be aware that, between 2001 and 2010, average student debt for law students increased 50 percent. That means that most law graduates' earning power is nowhere near enough to pay their student-loan debt in a timely manner. Additionally, bankruptcy filings by college graduates in general rose by 20 percent between 2005 and 2010.

For law school students in California, the debt load is particularly heavy because of a diminishing job market. More and more law graduates are filing for bankruptcy protection while they take other jobs to help chip away at their onerous debt.

JPMorgan Chase scaling back credit card debt collection

JPMorgan Chase has recently pulled back efforts to recover credit card debt in six states, one of which is California. It's suspected that the credit card giant has slowed its collection efforts because of fraudulent or insufficient evidence used to show the company had the right to collect. However, the precise reason for the slow-down is currently unknown.

Collection action against debtors is big business for banks and debt buyers. JPMorgan Chase reportedly received $1.4 billion in 2011 on defaulted credit card loans. At the same time, the company also dropped more than 1,000 debt-collection lawsuits last year nationwide.

Real-life Jerry Macguire files for bankruptcy in California court

After he divorced, the sports agent who inspired Tom Cruise's character in "Jerry Macguire" says he had to live alone for the first time. He would spend whole days drinking, eventually going in and out of rehabilitation centers. Now, after a series of business setbacks over a 10-year period, the former super agent recently filed for Chapter 7 bankruptcy protection.

Leigh Steinberg, 62, was known for securing enormous signing bonuses for his clients, representing many players who later became NFL Hall of Famers. He persuaded players to be role models on and off the field. And it's said that he earned over $100 million in his illustrious career. However, the agent's recent bankruptcy filing discloses assets of $483,500 and debts of over $3.1 million. Sadly, his average monthly income was shown to be only $3.33 more than his average monthly expenses.

Solyndra aims to give employee bonuses during Chapter 11

From the outset, it may seem unlikely that a company preparing for Chapter 11 bankruptcy would at the same give its employees bonuses. But that is exactly what the California-based energy company Solyndra seeks to do in order to persuade valuable employees to stay with the company. Solyndra's bankruptcy attorneys said the company hopes to give out nearly half a million dollars to employees whose work and motivation are especially important to achieving a Chapter 11 restructuring plan.

Solyndra aims to give bonuses to almost two dozen employees. According to a proposal filed by Solyndra's bankruptcy attorneys, the employees would receive payments ranging from $10,000 to $50,000.

Business owner files personal bankruptcy, stays creditors

California residents are no strangers to the terms foreclosure or troubled economy. Unfortunately, what happens in a bad economy is that bankruptcy and foreclosure often occur simultaneously or one right after the other. California business owners who are seeking a fresh start after some financial difficulty may be interested in the story of a businessman from Indiana who recently sought debt relief by filing for Chapter 7 bankruptcy.

The Doubletree Lake Estates in Indiana recently fell victim to the foreclosure crisis. The Doubletree business included a 60-acre subdivision that was owned in a three-way partnership that went sour. The three partners attempted to reach a settlement agreement that was not successful.

California WWII veteran caught off guard by foreclosure

Readers are probably aware that many California residents are experiencing the financial stress of foreclosure. But every American who is faced with financial difficulties deserves a chance to stop the foreclosure process in order to restructure and potentially discharge all debt. Unfortunately, however, one hard-working American -- a World War II veteran who defended against the attacks on Pearl Harbor -- has been unable to stop foreclosure even as he thought he had the helpful cooperation of a bank.

The 91-year-old veteran is one of the 18 remaining survivors who were aboard the USS Arizona during the attack on Pearl Harbor in 1941. In fact, on the recent 70th anniversary of the attack, the man made his annual pilgrimage to the infamous site of the bombings.

Understanding California's Chapter 7 bankruptcy law

For many California residents, Chapter 7 bankruptcy may be an option for a fresh financial start. At issue, however, are questions regarding the various kinds of bankruptcy. Which is best for each individual? Well, it depends.

In terms of consumer bankruptcy, Chapter 7 is often the best option. Under Chapter 7, the individual (or family, if married) is able to erase his or her debts and start rebuilding credit with a clean slate. But this does not come free of charge. In exchange for this chance to start afresh, the debtor may have to sell or liquidate some of his or her personal belongings. The bankruptcy trustee, in this case, will collect any nonexempt property and liquidate it in order to repay some of the debt owed by the debtor.

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The Law Office of Judith A. Descalso
960 Canterbury Place, Suite 340
Escondido, CA 92025
Phone: 760-670-4863
Toll Free: 866-497-6196
Fax: 760-860-9800
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401 W. "A" Street, Suite 1825
San Diego, CA 92101
Phone: 619-272-6247
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Fax: 760-860-9800
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