What Can Be Stopped by Filing Bankruptcy?

By Crispin Lozano

Question: What can be stopped by filing bankruptcy?

Answer: Immediately upon filing of bankruptcy the court will send a mail to your creditors that a bankruptcy has been filed and no collection efforts can be made without the court approval until you are discharged. This will include the following:

1. Foreclosure action. Your lender cannot foreclose your house until the court lifts the automatic stay. If you file Chapter 7 you can keep your house if you will reaffirm the mortgage. In Chapter 13, you can keep your house if you keep paying your debts and mortgage arrears under the payment plan and you keep paying the regular monthly payments on your house after filing bankruptcy.

2. Wage garnishments are stopped except child support payments.

3. Filing a lawsuit or proceed with existing lawsuit or collect money judgments by attorneys or creditors are stopped.

4. Car repossession is stopped.

5. All harassing calls are stopped.

Note: This is not a legal advice.

Immigration News

1. USCIS filing fees will increase by about 10% effective November 23, 2010.

2. The Ninth Circuit Court decided that the death of U.S. citizen parent will not be a hindrance to seek waiver of misrepresentation. Aliens who entered as single but actually married who have U.S. citizen parents but already deceased will benefit from this rule.

3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before. When a conditional residence is terminated the USCIS will refer the alien to removal proceedings.

4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.

5. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.

Tip of the Week

1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.

2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with their passport and entry documents.

3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.

4. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.