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. 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.
- Q. why didn't my California bankruptcy attorney list all of my creditors that I gave him
- A: If you have paid an attorney to file your bankruptcy, that attorney should be answering your questions. There may be a reason. Ask and find out. If you paid an attorney and they won't answer a question like this, something isn't right.
- Q. What are the options and requirements for reinvesting Homestead Exemption funds while in Chapter 7 bankruptcy?
- A: The trustee is apparently taking the position that the exemption must be valid until the case closes. I have not run into this exact situation with a sale, other than having the entire property abandoned by the trustee by court order so my client could sell while still in the bankruptcy case, but it makes sense. First of all, I hope you have your own attorney representing you in this case. If so, you should be asking them that question and relying on their advice, not advice you get from someone that doesn't represent you and doesn't' really know the facts of your case. Given that, the exemption you must have used would be CCP 704.710-704.730. Subpart 710(d) defines when the exemption is applicable and has the terminology that the trustee is referring to about the proceeds from a sale. This section and subpart 720 and 730 however, in my opinion may be contradictory to the trustee's position to a certain extent. The statute has language about up until the court determines the exemption. In the bankruptcy contest, does that occur when the trutsee has the court approve his sale of the property and your right to an exemption? That may or may not be interpreted as cutting of the trustee's rights to the proceeds and I would certainly want to know the answer to that question before you go buy more property if you are not ready to do so anyway. You need to have an experienced bankruptcy attorney representing you, they should research this aspect of the exemption requirement and you should follow their advice. If you are just going it on your own, you can almost expect that the trustee will take advantage of that if he/she can. The trustee has no duty to you as the debtor when it comes to the assets, but their duty is to the creditors. The trustee's duty is to get as much as possible for the benefit of creditors. You must have an attorney helping you if you want this to come out to your best advantage!
- Q. ch13 debtor filed objection to my class7 claim (civil suit) for complete discharge. what do I file in reply?
- A: If you don't have an attorney, you need one now. Find an experienced bankruptcy attorney that handles litigation. An objection to proof of claim like this will be resolved in litigation over whether the other party has a claim. This isn't about whether the claim is "dischargeable" or not, but over whether it is owed. The debtor has to provide the initial proof that the claim isn't valid, then you will have to prove that it is valid. Is this claim really worth $400,000? Is it worth $25,000? Is it worth hiring someone for a (possibly) small percentage of that claim to get paid what the chapter 13 provides? You went through a litigation process in state court and presumably paid someone to help you with that. That attorney may be a good place for a consultation about this to start with. Don't delay or you will have admitted the claim has not value, it will be denied and once this chapter 13 is completed, will be discharged forever.
- Q. Husband accumulates debt with payday loans and other forms without my knowledge. How to protect my assets. Can I?
- A: In answering the part of your questions about whether your husband's creditors can go after your future estate, the gener answer would be no both in or out of bankruptcy. Unless the creditor obtains a judgment against you, which may be possible, only your husband's community or separate property are involved for collection or or in bankruptcy. This is considerably more to this than just a simple answer though. You and and husband should consult an attorney about this. If he is contemplating another bankruptcy, you should both see an experienced bankruptcy attorney.
- Q. Will my car be taken away if I file for bankruptcy? I don't want to take public transportation.
- A: You should always at least consult with an experienced bankruptcy attorney before filing bankruptcy. I also recommend hiring one that you like to represent you. It is well worth it for the peace of mind knowing that your case was properly handled. The answer to your question is "it depends". It will depend on several factors, including whether you own real property, how much the the car is worth, if you have a loan... For specific information, have a consultation and get exact advice. No one, including me, can give you legal advice online.