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 was not given sufficient notification on a Motion for Relief from Stay in my CH 13 bk. Hearing is days away.Options?
- A: You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court can schedule when you must reply in writing and when the creditor can reply. The court can also set a final hearing date. When I said "you and your attorney" that is key. If you don't have an attonrey you are running in the fog in the woods with a blindfold on. Not good. Is your home or car important? If so, should have had an attorney all along. In fact, your attorney would have received the Motion electronically the day it was filed and could have reacted much more quickly. Don't spend time looking for an answer online. Get an experienced bankruptcy attorney. That may be difficult since you've already filed, but see what you can do and stop trying to do this without legal help.
- Q. Other than the $306 bankruptcy fee how much does an attorney charge in the Sacramento area to file a bankruptcy case?
- A: As I do, I think most attorneys will charge based on their experience, the complexity of the case and the circumstances of the potential client, including their income. My standard fee for a chapter 7 filing is $1,650 plus the court filing fee of $335. This fee can be much higher for a complex business case and lower for a simple case. I also make adjustments for lower income clients. She should have a consultation with an experienced bankruptcy attorney to find out if bankruptcy is appropriate and what the exact fees will be.
- Q. Hello, I'm going thru bankruptcy, my paralegal helped me at the beginning, now she won't respond to me for 1 mth. Help
- A: When you hire a paralegal, you are representing yourself in court. You have no one who is allowed to give you legal advice. While the paralegal may tell you what forms to file, they can'tgive you legal advice and can't represent you in any way within the bankruptcy process. Amendments to the pleadings are usually caused by an error. I can't tell you anything about this paralegal or what might was caused the error, but it is 100% your responsibility to correct it. The paralegal was probably paid to "prepare documents" and that's what happened. You are the one who is supposed to know what needs to be fixed and how to do it. If at all possible, talk to an attorney in your area. They MAY give you a free appointment and give you some advice, but that is much less likely after you already filed your case. If you possibly can, you may want to hire an attorney to correct your documents. Another possible resource is a "help" system set up by the local court where experienced bankruptcy attorneys will help people at the courthouse certain days of the week. Check with your clerk's office to see if they have a program like this.
- Q. What happens if one of 3 owners on a manufactured home title in CA files Chapter 7 Bankruptcy?
- A: To get a good answer for this question, you need a complete set of the documents that have been filed in that case along with a copy of the deed or title to the property and take that to an experienced bankruptcy attorney in your area. If she didn't live in the property at the time of filing, she can't use the California Homestead exemption, but still have the California Bankruptcy exemptions. That will allow her to claim her 1/3 ownership as exempt up to a $30,825, depending on what else she may have claimed as exempt. If she didn't disclose that property intentionally, it could be at even more risk. Get the documents and the title and get an answer before you hear from the trustee!
- 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.