Ronald W. Holland has been practicing Bankruptcy Law and representing debtors in bankruptcy cases since 1982. He has been the supervising attorney of some of the largest and most prestigious bankruptcy firms in Northern California and is now offering his services directly to consumers and small business at Holland Law Firm.
He has extensive experience representing clients in Bankruptcy actions in Federal court in both the Eastern and Northern Districts of California. Although mostly consumer and small business cases, many of them involved foreclosure and real estate actions, mid-sized businesses, and other complex issues such as dischargeability and asset exemption litigation. Mr. Holland’s vast experience also includes such diverse legal fields as business, contracts, and civil litigation. Over the past 35 years, Mr. Holland has filed over 10,000 bankruptcy cases. Helping people with their debts is Mr. Holland’s main goal
Mr. Holland was born in Sacramento and has lived in the area most of his life. He is a graduate of UC Davis and of Golden Gate School of Law in San Francisco, where he obtained his Doctor of Jurisprudence degree. Mr. Holland has been a panel speaker at the several seminars including the national convention of the National Association of Consumer Bankruptcy Attorneys. His prior practices included Supervising Attorney at a major bankruptcy firm in the San Francisco Bay area, Senior Attorney at a major Sacramento bankruptcy firm and Bankruptcy Department Managing Attorney at a national firm.
Laurie, Ron’s wife, has worked with him in bankruptcy practice since 1985. She is considered to be one of the most knowledgeable, understanding and helpful bankruptcy paralegals ever. Holland Law Firm clients love working with the family team of Ron and Laurie as they work closely together to solve their clients’ debt problems. It’s a great team with great clients!
- 9th Circuit
- University of California, Davis, School of Law
- Q. How do I transfer a bankruptcy case to family court? I am creditor, going through divorce.
- A: If assets were not yet divided by the family law court in a dissolution case, you may have a claim for some fo the value of the assets in the bankruptcy court, but that doesn't move the case to family law court. The Automatic Stay will stop most of the action in the family law court and the assets/liabilities will be dealt with by the bankruptcy court. issues related to children and/or support are not stayed and can continue in the family law court. Hopefully you already have a family law attorney representing you. You should also consult with a consumer bankruptcy attorney that is experienced in the relationship between family law and bankruptcy law in your area.
- Q. What is the waiting period to file Chapter 7 that was converted from a Chapter 13?
- A: I think what you are asking is when you can file another chapter 7 and receive a discharge. Keep in mind that you can always file a case, but the discharge provisions of chapter 7 and chapter 13 define when you can get a discharge for each chapter. The time period to count is "petition to petition" so when the case was converted isn't part of the calculation; as long as it was the same case the petition date is what matters. A chapter 7 after a previous chapter 7 discharge (whether originally a chapter 7 or converted to chapter 7, is 8 years. So you would not be eligible to obtain a chapter 7 discharge under the circumstances you described until 1/2020. If I have the question wrong, then of course the answer will be different, for example, if you received a discharge under chapter 13.
- Q. How low an income do you have to have to file for Chapter 7?
- A: This is a question best answered by an attorney in a personal consultation. Most bankruptcy attorneys will give you a free initial consultation. I'm assuming that you are talking about "qualifying" under the "Means Test". The amount will be dependent on the county where you live and the number of people in your household and takes into account your entire household income. With the number of factors involved, this can't just be answered with a single number that covers everyone. In many situations even if you have more household income than the allowed amount (the "median" income) you might be able to file chapter 7 without fear of a dismissal. These factors can also be discussed with an experienced bankruptcy attorney.
- Q. Can I put my 30% ownership interest in a condo into an LLC in case I go bankrupt in a couple years so it can’t be taken?
- A: This is the same answer as before. If you are the owner of the LLC, whatever it owns, in net assets, is an asset of yours. Seek legal advice from an experienced bankruptcy attorney. Trying to file bankruptcy by learning a few things online is going to get you into trouble. Hire someone to represent you that knows bankruptcy law thoroughly.
- Q. Should I lower my ownership interest in a condo from 30 to 1 percent if I might go bankrupt? Will creditors catch that?
- A: i see that you have asked this question before in a different way. All assets that you own or have a right to must be listed in a bankruptcy filing. Transfer of an interest in property is subject to a trustee recovering (reversing the transaction) for up to (or maybe beyond) 2 years prior to the filing date. So if you own 1% or 30%, you must list that and you must be able to exempt your interest or the trustee can take it. Additionally, if you transfer, for example, 29% within two years of filing, the trustee can get to that property. At that point you can't exempt the recovered assets. Talk to an experienced bankruptcy attorney before any of this happens, including the transfer. At that point real values and the actual situation can be discussed and you can get real advice.
- Q. I want to file for bankruptcy? Can I get help with the fees since I’m low income? How to get a pro bono service help
- A: Some attorneys will offer lower fees based on income, but remember that what an attorney offers you is based on their experience and the time they can afford to spend on your case. Bankruptcy is an important matter and whether it is done well or poorly can have lasting effects. Most people with debt problems find that they can afford reasonable attorney's fees once they stop trying to pay overwhelming debts.
- Q. If we're already in foreclosure can we file for bankruptcy?
- A: Yes! Chapter 13 is used by many people to not only stop the foreclosure, but the repay the past due mortgage while keeping the ongoing mortgage current. If that's your situation, you should talk to an experienced bankruptcy attorney in your area to find out if that would be a good option for you. You may be able to save your home, get caught up and take care of all of your other debt at the same time.
- Q. How do people pay for bankruptcy attorneys if they're already in so much debt?
- A: Most people that find they are in a significant amount of unsecured debt, such as credit cards, have income. Over time, charging and making the minimum payment, with perhaps a few late charges here and there, will cause the amount of the debt, and the minimum monthly payment to increase to the point where it is difficult or impossible to pay. By the time people decide to file for bankruptcy, many have already stopped making payments. As long as charges aren't made prior to the bankruptcy where the person knows that they aren't going to repay the debt, not making payments for a time will normally not cause a problem. other than phone calls from the creditors. The money previously used to make those high-interest payments can be used to hire an experienced bankruptcy attorney for advice and ultimately for filing the bankruptcy.
- Q. I am filing Chapter 7 in CA. My wife has a house since before marriage and we have a prenup. Do I need to disclose?
- A: Interview 2 or 3 experienced bankruptcy attorneys and hire 1 of them to represent you. That attorney should be made aware of the real property and the prenuptial agreement. In some situations, the bankruptcy attorney will consult with an experienced family law attorney to review that agreement. It is likely that you have no ownership of that property, ut that isn't always true. If you provided for the house, but not your marital income, it's possible the community has a share in that separate property . You don't want to guess and you need to have experts on your side helping you. It's worth it if you don't want to risk that property.