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Kelly Marie Resnick

Kelly Resnick’s Legal Guides

12 total


  • Can same-sex couples file a joint bankruptcy petition?

    One of the hot topics of 2013 is the U.S. Supreme Courts anticipated determination of the constitutionality of the Defense of Marriage Act. The Defense of Marriage Act (DOMA) definesmarriage in federal law as a union between oppositesex persons only. 1 USC Sec. 7. It prevents the...

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  • Holiday Spending & Bankruptcy

    There is an idea floating around that you can max out credit cards, especially around Christmas, and then file for bankruptcy so you never have to pay for the things you purchased. WRONG! This is a huge misconception and can get you in very big trouble with the Bankruptcy Court ...

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  • Is it too late to file bankruptcy if I’m being sued or have a judgment entered against me already?

    Absolutely not!! Honestly, its almost never too late to file bankruptcy. A debt that a creditor has filed a lawsuit against you regarding and even if they were granted a judgment against you can be eliminated in a bankruptcy. You can even get rid of the debt if they have a lien a...

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  • Can Bankruptcy stop a bank levy?

    One collection method creditors (most commonly, the IRS) use to satisfy the debt you owe them is to levy your bank account. But, what is a bank levy exactly? A bank levy happens when a creditor demands funds from your bank account. The levy freezes your account for a few weeks so...

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  • Chapter 7's effect on liens

    Unfortunately, a Chapter 7 bankruptcy discharge does not eliminate any lien on your property. A lien is often referred to as a security interest, deed of trust, mortgage, or security deed. The property subject to a lien is often referred to as collateral. You have the option to r...

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  • 401(k) Loans--Advantages & Disadvantages

    Most 401(k) plans allow investors to borrow up to half of the vested balance in their account, up to $50,000. Over the 12 months ended last quarter, roughly 11% of the 11 million workers using 401(k) plans borrowed from those accounts, according to a Fidelity survey. The total pe...

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  • What comes first: divorce or bankruptcy?

    Financial issues often result in two major events: Divorce and Bankruptcy. But which one should you do first? Well, the age old attorney answer of "it depends" applies here too. The first thing to consider is the state that you live in. California is a community property state, ...

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  • Top 10 Misconceptions about Bankruptcy

    1. Bankruptcy means the end of your financial life and never gettingcredit again. Not true! Before long you will get credit card offers again. You may have to pay higher interest rates and have lower limits. 2. You can not eliminate tax debt in a bankruptcy. It depends on when ...

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  • How Bankruptcy Stops Foreclosure, Garnishment, Lawsuits, Etc.

    By Kelly M. Robinson, Attorney, Bay Area Office Immediately when your bankruptcy case is filed, an "automatic stay" is created. The automatic stay is the equivalent of a restraining order preventing creditors from taking certain collection actions against you. These collection a...

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  • Can I lose my job if I file Bankruptcy?

    I'm often asked if someone can be fired from their job if they file for bankruptcy. The quick answer is, NO! The Bankruptcy Code contains specific protections for people who file. Section 525(b) says: "No private employer may terminate the employment of, or discriminate with res...

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