Posted On: November 30, 2009

San Jose Bankruptcy Attorney comments on news that the U.S. taxpayers are paying for General Motors and Chrysler’s bankruptcy consultants.

San Jose Bankruptcy Attorney comments on news that the U.S. taxpayers are paying for General Motors and Chrysler’s bankruptcy consultants.

After investing more than $50 billion of taxpayer funds to keep General Motors and Chrysler afloat, the U.S. government has spent more than $120 million to pay the bankruptcy attorneys and other consultants involved in the automaker’s Chapter 11 bankruptcy filings.

Recent court filings and records show that Jones Day, the firm that supervised Chrysler’s 41-day trip through Chapter 11 bankruptcy has been paid nearly $1 million per day that the firm was under bankruptcy protection.   General Motors’ lead counsel, Weil, Gotshal & Manges, has been paid nearly $72 million to date and $3 million in bills are pending.

But bankruptcy isn’t limited to the attorneys. Numerous bankruptcy advisors, financial advisors and investment bankers are all part of the Chapter 11 restructuring process, and all have invoiced significant amounts in the automaker’s cases.  Chrysler and General Motors’ bankruptcy consultants, financial advisor and investment bankers have all been paid more than $60 million for their work on negotiating the employee Voluntary Employee Beneficiary Association and the sale of Chrysler’s most attractive assets to Fiat.

The process will not be over soon.  Disposal of the less-desirable assets may take years, as the United Airlines bankruptcy, filed in 2002, is still working through the removal of some of the company’s liabilities.  The Chapter 11 process can be lengthy and expensive when dealing with large companies with significant liabilities that are not easily sold or disposed with.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 27, 2009

San Jose Bankruptcy Attorney advises consumer to watch Supreme Court ruling on whether student loans can be discharged in bankruptcy.

San Jose Bankruptcy Attorney advises consumer to watch Supreme Court ruling on whether student loans can be discharged in bankruptcy.

The U.S. Supreme Court recently heard arguments on what form of hardship hearing must be used to allow a student loan to be discharged in bankruptcy.  Current federal law does not allow for student loans to be discharged without a hardship hearing to demonstrate that repaying the loan would create an undue hardship on the borrower.

The case before the court comes from a 1992 bankruptcy filing by Francisco Espinosa, a student who attended an Arizona trade school, and after amassing more than $13,000 in student loan debt, filed for bankruptcy protection.  The bankruptcy court judge allowed him to pay off part of the loan and discharge the remainder in his bankruptcy when the student loan lender agreed to the bankruptcy plan and raised no objections to the bankruptcy filing by Espinosa

The issue is closely watched by observers on both sides of the issue.  The U.S. Department of Justice sided with the lender before the Supreme Court, arguing that the U.S Department of Education guarantees the loan, and without the bankruptcy court protection, many lenders would refuse to fund student loans.

Espinosa’s attorney argued that once a bankruptcy discharge is finalized, it cannot be reopened based on any errors that a judge may have made.  A ruling on the case is expected by summer.

Supreme Court to decide on student loans and bankruptcy,  USA Today,  December 2, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 25, 2009

San Jose Bankruptcy Attorney comments on the efforts of Simon Property Group to purchase some assets of General Growth Properties Inc. as it goes through a Chapter 11 bankruptcy reorganization.

San Jose Bankruptcy Attorney comments on the efforts of Simon Property Group to purchase some assets of General Growth Properties Inc. as it goes through a Chapter 11 bankruptcy reorganization.

Two of the largest shopping mall owners in the United States may be working on a deal to allow the bankrupt General Growth Properties to sell some of its properties to Simon Property Group.  General Growth filed for Chapter 11 bankruptcy protection in April and has until February, 2010 to file a bankruptcy reorganization plan with the bankruptcy court.

While its biggest rival is in bankruptcy proceedings, Simon has been raising capital and has more than $4 billion in cash available for acquisitions.  While Simon may be a logical choice to purchase some of General Growth’s more than 200 properties in 44 states, Simon has no standing before the bankruptcy court.  Simon will not be able to actively pursue the purchases until Simon is much farther into the bankruptcy process and has a plan to refinance its secured and unsecured debt, and has a plan to deal with the claims on its equity.

The Chapter 11 bankruptcy process can be very quick, as in the recent case of General Motors. It can also take a considerable amount of time as creditor’s committees and bankrupt companies engage in  intense negotiations over debt, equity, asset sales and who will manage the reorganized company.  In some cases, the creditor’s committee can demand a new management team be put in place, and it may be headed by executives from the creditor companies.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 23, 2009

San Jose Bankruptcy Attorney comments on the rise in business bankruptcy filings in October.

San Jose Bankruptcy Attorney comments on the rise in business bankruptcy filings in October.

Despite the national economy’s growth in 3rd quarter GDP, the number of businesses filing for bankruptcy protection in October rose 7 percent to 7,771 from the 7,271 reported in September.  The increase in bankruptcy filings follows two months of declines, and is a sign that the economy still has much work to do to return to the growth seen earlier in the decade.
The tight credit markets are receiving much of the blame for the continued business bankruptcy filings.  Despite billions of dollars distributed to banks and other financial institutions, commercial credit markets remain very tight, and many businesses are struggling to keep the lines of credit they have, and the prospect of securing new lines of credit is not good.

The numbers are even worse when compared to October, 2008.  Business bankruptcies, both Chapter 11 and Chapter 7, rose 24 percent over that time period.  Business bankruptcies tend to be a lagging economic indicator, and analysts expect several more quarters of increases in bankruptcy filings.  The real estate and retail sectors seem to be the hardest hit, and analysts expect another rise in retail bankruptcies if the holiday shopping season disappoints, as many expect.

Bankruptcy filings for the 10 months of 2009 are up 16 percent over last year.  The total number of October bankruptcies, including both personal and commercial filings, increased 20% from the same month last year. The number of filings last month, 130,199, is the most total filings since March, and the second-highest figure recorded since the beginning of 2006.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 20, 2009

San Jose Bankruptcy Attorney comments General Motors’ post-bankruptcy 3rd quarter loss of $1.2 billion.

San Jose Bankruptcy Attorney  comments General Motors’ post-bankruptcy 3rd quarter loss of $1.2 billion.

General Motors revealed today that it lost $1.2 billion since the company emerged from bankruptcy during the summer.  While the loss figure is large, the company also announce that it intends to begin repaying some of the $6.7 billion in loans it received from the Treasury as part of the nearly $50 billion bailout of the auto giant.

General Motors had a very speed trip through the Chapter 11 bankruptcy proceedings with its largely pre-packaged bankruptcy that was agreed to by its largest stakeholders including the United Auto Workers and the Treasury Department.  General Motor’s bankruptcy has been wrenching to the states where it has closed facilities and shed thousands of jobs.  But the slimmer, trimmer, and hopefully more nimble post-bankruptcy company plans to be a player for years to come in the global auto market.

The company has benefitted from low interest rates and the government cash-for-clunkers program which boosted auto sales in the 3rd quarter. With the government intervention into the company, the  GM product line features many more hybrid and electric vehicles than probably were featured prior to the bankruptcy filing.

The company’s bankruptcy reorganization plan calls for GM to begin selling stock again in 2010 so that the bondholders, who swapped their debt for equity, can begin to recoup their investment in a hopefully resurgent General Motors.

GM to start repaying debt to U.S., CNN.com, November 16, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 18, 2009

San Jose Bankruptcy Attorney comments on the return of Bob’s Big Boy Restaurants following the parent firm’s bankruptcy

San Jose Bankruptcy Attorney  comments on the return of Bob’s Big Boy Restaurants following the parent firm’s bankruptcy

Bob’s Big Boy is back, which is good news to San Diego fans of the pompadour-coiffed hamburger chain that filed for bankruptcy in 2000.  The hamburger chain has been gone for nearly two decades, but the current ownership, which purchased the chain in bankruptcy court, has plans to open 10 Bob’s Big Boy restaurants in the next few years in San Diego County.  Fifteen restaurants have been opened in California in the past few years, with 10 of them opening during the past two years.

Bob’s left California in the early 1990’s when Marriott, the owner of the California restaurants, converted them to Coco's and Carrows restaurants.  When Elias Brother, the Big Boy parent, filed for Chapter 11 bankruptcy protection in 2000, the current owners stepped in and kept the tradition alive.  Big Boy has more than 250 restaurants nationwide, with the majority in the Midwest, near its Michigan’s headquarters.

The chain has seen its ups and downs during its 73-year existence.  The current owners are counting on nostalgia as well as the menu offerings to help each of the restaurants they are opening establish profitability very quickly.  The portly, plaid-clad mascot has been a welcome sight in the communities where new restaurants have opened.  Many of the patrons visiting the restaurants have fond memories of eating there as a child.  Now they are bringing their children and grandchildren and continuing a family tradition that went through an interruption but now is back, and better than ever.

The Boys are back, San Diego Union-Tribune, November 14, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 13, 2009

San Jose Bankruptcy Attorney explains why bankruptcy attorneys and potential filers should closely watch an upcoming U.S. Supreme Court case.

San Jose Bankruptcy Attorney  explains why bankruptcy attorneys and potential filers should closely watch an upcoming U.S. Supreme Court case.

The United States Supreme Court recently heard arguments on a case brought by a bankruptcy trustee from Pennsylvania. At issue is whether a debtor in a Chapter 7 bankruptcy can exempt personal property from seizure to pay her debts by claiming the property is worth exactly the amount exempt under law, regardless of its true value.  The trustee, William Schwab, is appointed to the position by the U.S. Department of Justice and serves as a sort of referee looking out for the interests of the debtor, the creditor, and the law, in Chapter 7 bankruptcy cases. The trustee’s decisions are overseen by a bankruptcy court judge, who has final jurisdiction in the case.

The case before the court involves a caterer who declared that her kitchen equipment was valued at $10,700, which is the exemption limit for a Chapter 7 bankruptcy filing.  Schwab had the equipment appraised and its value was determined to be $17,200, well above the exemption limit.  Schwab contended that the equipment should be sold and anything above the exempt amount would be distributed to creditors.  The Bankruptcy court disagreed, and the appeals have landed the case before the Supreme Court because in five circuit courts of appeal rulings of similar cases, three have gone one way, and two have gone the other.  So the Supreme Court will make a ruling that will create something resembling a uniform standard across the country.

Your San Jose bankruptcy attorney can guide you through determining what is exempt in bankruptcy and what is not exempt in bankruptcy.  Bankruptcy is a complex procedure that requires a knowledgeable, experienced bankruptcy attorney to help you receive the best possible outcome under the law.

Pocono attorneys win airing from U.S. Supremes, Pocono Record, November 9, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 11, 2009

San Jose Bankruptcy Attorney explains why filing for Chapter 13 bankruptcy protection should not affect your tax return.

San Jose Bankruptcy Attorney  explains why filing for Chapter 13 bankruptcy protection should not affect your tax return.

Questions regarding bankruptcy and taxes are quite common.  Filing for Chapter 13 bankruptcy should have a minimal effect on your personal tax situation. Unless your tax advisor, San Jose bankruptcy attorney or the bankruptcy trustee instruct you otherwise, you should continue to file the same returns as you have in previous years. It is a requirement of the bankruptcy law that you keep current with the tax filings while your bankruptcy petition is before the court (see 11 U.S.C. § 521).

Unlike debt settlement processes, debt discharged in a bankruptcy is not subject to income tax.  If you have debt forgiven in a settlement process, you may receive a 1099 form that lists the forgiven debt as a form of income that you must declare on your income tax return.  Debts discharged in bankruptcy are not listed as income, and do not have to be declared as income for tax purposes

Some people get confused during the Chapter 13 process because they are no longer making payments directly to their mortgage company and mistakenly think that the payments are no longer deductible.  The payment is still the same, regardless of whether you send it directly to the mortgage company or to the bankruptcy trustee, who is making payments on your behalf to satisfy your bankruptcy obligations.  You can still deduct the payments if they meet the allowable tax deduction criteria. Examples of allowable deductions would include the home mortgage interest deduction, payments for state and local taxes, real estate taxes, medical expenses (deductible in the year paid and not the year the expenses were incurred) and student loan interest. To decide what is best for you, please consult an attorney or tax advisor.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 9, 2009

San Jose Bankruptcy Attorney comments on the post-bankruptcy turnaround of former television star Willie Aames.

San Jose Bankruptcy Attorney comments on the post-bankruptcy turnaround of former television star Willie Aames.

Willie Aames, star of “Eight is Enough” and “Charles in Charge” recently held a yard sale to sell off his belongings following a Chapter 7 bankruptcy, divorce and violent suicide attempt.    Aames has filed for bankruptcy protection twice since 1997 and his wife left him after his most recent bankruptcy filing.

Aames is currently undergoing a life transformation and is studying to become a financial advisor.  While that may seem ironic, Aames views it as an inspirational experience for those who may be going through similar circumstances.  “As of Dec. 12, I had no wife, no family, no car, no computer, no home, no electricity, no gas and no way to obtain any of it,” Aames said. “How do you start over from scratch? I didn’t know. But I thought that if I made it, maybe, just maybe, it would be helpful to some people.”

Aames post-bankruptcy plan is underway.  He has passed the Series 7 and Life and Health examinations, which are two of the three examinations necessary to become a financial advisor.  His story was chronicled on a television show on VH1 last week.

Aames has downsized his life, moved into a much less expensive apartment, and is studying hard to make the transition to a financial advisor with the help of executives from Waddell & Reed and Stifel Nicolaus & Co.

Life after bankruptcy for Willie Aames hasn’t been easy.  But he is making headway toward his goal.

Back from bankruptcy, Willie Aames looks to make change, Kansas City Star, November 5, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 6, 2009

San Jose Bankruptcy Attorney comments on private student loan lender forgiving debt of students at flight school that filed for bankruptcy protection

San Jose Bankruptcy Attorney comments on private student loan lender forgiving debt of students at flight school that filed for bankruptcy protection.

When Silver State Helicopters abruptly filed for Chapter 7 bankruptcy protection, it left hundreds of students holding student loans for an education they would not receive.  A federal judge in Florida recently approved the settlement of a class-action suit on behalf of more than 2,700 students enrolled in the bankrupt flight school.  The $112.7 million settlement with Student Loan Xpress forgives approximately 75 percent of the debt that the students took on for flight training they did not receive.  The amount of individual debt forgiveness varies depending on the number of hours of training that the students had received.

Silver State’s owner, Jerry Airola, has been sued by the bankruptcy trustee over a $10 million payment to himself as part of a recapitalization process that the bankruptcy trustee alleges left the school vulnerable to bankruptcy by stripping it of its assets. The trustee has characterized the payout as a fraudulent transfer. Airola denies the allegation and blames the school’s bankruptcy on the collapse of the lending industry and the school’s inability to generate sufficient cash flow.

Bankruptcy trustees have the legal recourse to recover funds they believe were fraudulently transferred. Examples of fraudulent transfers include transferring assets to hide ownership from creditors and the bankruptcy court, and asset transfers made immediately before a
bankruptcy filing.

Ex-sheriff candidate accused of fraud tied to bankruptcy, Las Vegas Sun, October 8, 2009
Lender Agrees to Forgive Flight Students’ Debt, Wall Street Journal, October 28, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 4, 2009

San Jose Bankruptcy Attorney comments on the Chapter 11 bankruptcy filing of the Chicago Cubs parent company

San Jose Bankruptcy Attorney comments on the Chapter 11 bankruptcy filing of the Chicago Cubs parent company

The Tribune Company, owners of Major League Baseball’s Chicago Cubs filed for Chapter 11 bankruptcy reorganization in October as a means to speed the sale of the Cubs, Wrigley Field and related properties to Omaha-based billionaire, Joe Ricketts, founder of TD Ameritrade.  The bankruptcy filing is designed to shield the Tribune Company from creditors as it seeks to finalize the $845 million sale of the team to Ricketts.

The Cubs have been for sale since 2007, but the collapse of the credit markets coupled with the ensuing recession have made structuring a deal difficult and bankruptcy more attractive.  Ricketts will assume a 95 percent ownership stake with the Tribune Company retaining the remaining 5 percent.  The deal has already been approved by the other Major League Baseball owners, which is required before any team can change owners.

The economics of professional sports has changed in the past few years.  In sports such as baseball and hockey, without lucrative national television contracts, the local economic situation plays a much more significant role than it does with the National Football League and its multi-billion dollar television contracts.  Baseball is very dependent on ticket sales, and the team’s on-field performance and the local economy are significant factors in teams’ budgets in a league  that has no salary cap.  Earlier this year, the Phoenix Coyotes, a National Hockey League franchise that has not shown a profit in 13 years filed for Chapter 11 bankruptcy protection.

Chicago Cubs file Chapter 11 to speed team's sale, Yahoo News, October 12, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: November 2, 2009

San Jose Bankruptcy Attorney comments on the recent bankruptcy filing by California Coastal Communities Inc.

San Jose Bankruptcy Attorney comments on the recent bankruptcy filing by California Coastal Communities Inc.

The downturn in the economy and tightening of the credit markets claimed another victim when California Coastal Communities Inc. filed for Chapter 11 bankruptcy reorganization last week.  California Coastal, best known for its Brightwater project in Huntington Beach, and ten of its affiliate companies are seeking bankruptcy protection while they develop a reorganization plan that will extend the debt on its Brightwater project.

The company had been seeking to restructure its debt and had recently defaulted on loan payments tied to the Brightwater development.  Brightwater is a 350+ home development under development that has 70 homes sold and another 17 homes are in escrow. The recent collapse of the housing market has negatively affected new home sales nationwide, and Brightwater has been no exception.

The list of creditors listed in the Chapter 11 filing includes the County of Orange and the City of Huntington Beach, owed $9.7 million and $4.6 million respectively. The company is using the Chapter 11 bankruptcy reorganization as a financing tool to negotiate a restructuring with its core lenders.  California Coastal intends to continue to deliver homes on schedule and honor all warranties related to the Brightwater development, one of the last master planned communities to be developed along the California coast.

California Coastal Communities Files For Bankruptcy Protection, RTT News, October 28, 2009

Developer California Coastal Files for Bankruptcy, Orange County Business Journal, October 28, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.