You are at the right place for bankruptcy information if you live in Alameda, Oakland, Hayward or anywhere else in the East Bay.
I’ve written several books and a bunch of reports about different issues that come up in bankruptcy cases filed in Oakland bankruptcy court. They’re based on years of experience and a lot of client interviews. I noticed that many of the same questions were on the minds of all my clients. My books and reports answer these questions. They’re FREE and you can get them without costs or obligation. You don’t even have to come into my Alameda County office. Just fill out the ORDER FORM at the bottom of this page or click on the links for the individual books, and I’ll send them out to you. You can also call (510) 451-6200 x196 to order.
Brand new in the Pixton Bankruptcy Law library and intended for couples who are struggling with both their finances and their relationship. Financial struggles are some of the most frequently mentioned issues contributing to divorce in California. This book helps couples take a hard look at their finances and the options that are available for dealing with them. Bankruptcy has saved many marriages! Maybe it can save yours. NOTE: This book also contains sections that discuss how to deal with finances even if the marriage can’t be saved. Free if you live in Alameda, Oakland, Hayward, California, or anywhere else in the San Francisco Bay Area.
This short book explains the timing of the foreclosure process, the different types of bankruptcy, and the basics of a typical bankruptcy case. After you read it, you will be in a much better position to decide what to do if your home is in foreclosure. Free for residents of Oakland, Alameda, Hayward or anywhere in the San Francisco Bay Area or California.
This book discusses five of the biggest myths out there about bankruptcy. It also gives a short history of how we ended with so many outright lies drifting around in our collective consciousness. The goal of this book is how my clients exhale, relax and focus on the peaceful reality of being debt free without the burden of false facts. No cost if you live in Alameda, Oakland, Hayward or pretty much anywhere in the East Bay. Heck, I’ll mail you a copy if you live anywhere in California!
Bankruptcy has been around for a long time. And since the beginning, people have been trying to outsmart the system. The trouble is, in most cases, generations have been trying to keep assets away from creditors. If you can conceive of way to “hide” assets, there is probably a law on the books saying you can’t do it. This book is intended as a warning to my clients about the pitfalls of trying dumb things. But it also explains that while in some situations. giving property to someone else might appear innocent, it can have some nasty and unintended consequences both for the giver and the receiver. Get this book before you talk to any attorney in Hayward, Alameda, Oakland or any other East Bay City.
The Real Estate Professional’s Concise Guide to Bankruptcy in California: How to Make Money and Save Your Bacon.
When someone files a bankruptcy EVERYTHING grinds to a halt. That includes homes sales. Brokers and agents who understand the bankruptcy process can quickly get the wheels turning again if they jump through the right hoops. This book explains how the automatic stay in bankruptcy works, how to work around it, and most importantly, how to get paid. It also discusses traps for the unwary that could have grave consequences for the real estate professionals’ bottom line. This book is intended for professionals in Alameda, Oakland, Hayward or any city in Alameda County or Contra Costa County.
In my many years as an attorney, I have counseled a lot of elderly clients. Retirement is supposed to be the golden years. For many them, however, life drifts back and forth between fear and anxiety because of crushing credit card debt. With a fixed income, they often simply don’t have the resources to put food on the table and cover the monthly minimums on the credit cards. Sadly, I have seen so many of my clients who pay their credit cards and then go hungry! I wrote this book so that San Francisco Bay Area residents would be able to quickly understand what bill collectors can and can’t do, what it means to be “judgment proof” and how pension, retirement, 401k and Social Security payments are ALL protected from creditors. I give strategies for dealing with nasty creditors. Finally, I explain that in many cases, elderly folks may not need to file for bankruptcy although sometimes they may choose to do it anyway. If you or someone you care about is elderly and in debt, this book is for you. We mail free to anywhere in California and especially Oakland, Alameda County, Contra Costa County, Walnut Creek, Hayward, Fremont or Livermore.
Here’s the Order Form! Fill it out, click “SUBMIT” and start watching the mailbox!
I have helped out a lot of senior citizens during my time as a bankruptcy attorney in Oakland. More often than not, I don’t file a bankruptcy case for them for the simple reason that they often don’t need one. Instead I help them understand that they often can simply do nothing–and that includes stopping any further payment of creditor card bills. In the United States and in California in particular, we want to protect our seniors a bit more than the younger generations. To do that, the federal and state governments have set up some very strong protections for the elderly.
Your Social Security Checks Are Protected from Your Creditors
The first is this: Social security is protected from pretty much all creditors. (The only rare exception may be the US government and in that case, there still may be options to avoid having your social security check intercepted.) This is important. No creditor, no one you owe money to, no one who is trying to collect on a bill you owe can touch your social security! It is protected. This is true for monthly social security payments you have in your bank account (up to a certain limit) and for your right to future payments of social security.
I make a big point of this because I’ve had lots of scared and beaten down seniors come to my Oakland bankruptcy office frightened out of their wits because a bill collector has been telling them that their kind of debt can’t be wiped out in a bankruptcy, or their kind of debt is fraud so it’s kept out of bankruptcy. Rubbish like that. The problem of course is that my elderly clients aren’t familiar with the law and are often susceptible to the lies of bill collectors.
By the way, California and federal law require bill collectors to be truthful in their communications with the people they are trying to collect from. Violations of federal and state fair debt collection practices laws can subject creditors to fines and punishment. Pensions and other private retirements are also protected from creditors. Keep in mind, however, that these exemptions amounts are not unlimited, so you should probably talk to a knowledgeable Oakland bankruptcy attorney before you make decision about how to deal with creditors.
If Social Security Is Protected, Bankruptcy May Not Be Necessary
So, here’s my important point: Seniors in the Oakland area who are having serious debt problems may not need to file for bankruptcy. Since creditors can’t take their pension or social security, they really can’t do anything to a senior who does not own any real estate. This folks are referred to as being “judgment proof.” In other words, even if a creditor sued and got a judgment against them, the creditor still couldn’t get anything from them. That’s very good news for the elderly and should allow them to sleep better at night.
Beware of Lying Bill Collectors | Just Because They Say It Doesn’t Mean It’s True
Unfortunately, unscrupulous debt collectors might continue to call and harass seniors even knowing that they can’t get anything. Their hope is to create such nuisance that the senior will make some sort of payments just so the collector will quit calling for another month. Again, this probably violates federal and state laws with regard to debt collection. But it also can cause a lot of stress for the senior.
In many cases, the elderly individual may elect to file a bankruptcy case in Oakland just to get the harassing bill collectors to stop calling. I have filed this type of case for many clients. We talk about all the issues I discuss above and I reassure them that if they do nothing, no one can take their retirement or social security. Nevertheless, for their peace of mind they elect to file a simple chapter 7 bankruptcy case and wipe out the debt once and for all. No more debt, no more phone calls.
Order a Free Book on Debt and the Elderly
I have written a book entitled Debt and the Elderly: A Guide for SF Bay Areas Seniors, Their Family Members and Caregivers. It’s available for free to Oakland-area residents who might be considering bankruptc. Just fill out the form below and I’ll send it right out to you. It will answer a lot of questions that seniors or those who care about them or for them are asking these days about debts and bill collectors.
Before you hire a lawyer and definitely before you try to file a bankruptcy case on your own, you should request this important booklet, “Ten Dumb Things That Can Torpedo Your Bankruptcy Case in the San Francisco Bay Area.” It’s a long title, but a very short and informative booklet.
Oakland bankruptcy attorney James Pixton has written this guide to help consumers understand how careful they need to be in the months and weeks leading up to the filing of their bankruptcy case.
When it comes to bankruptcy in the Bay Area, what you don’t know as a consumer can really hurt you. If you take certain actions, you can unknowingly create a huge headache for yourself once you get a bankruptcy case number.
The bankruptcy trustees in Oakland, San Francisco and San Jose–attorneys and accountants hired by the US government to review your assets and financial situation–can in certain circumstances go after property that you have given or sold to others. In some instances, this is property that you could have protected if you had first sought the advice of an experienced bankruptcy attorney before the property changed hands.
Understanding bankruptcy law about giving away or selling property is vital to a successful bankruptcy case. Request this free guide and you’ll be on your way to a great bankruptcy experience.
Order the guide by providing your name and email address. You’ll get a link allowing you to download the guide.