Sword or Shield?

An example of using bankruptcy as a sword often arises in cases where the sale of the family residence will yield substantial net sales proceeds which the potential debtor wants used to pay community debts. Often, the non-filing spouse refuses to sell the house or, if the parties agree to sell the house, they often do not reach agreement regarding the expenditure and/or division of the sales proceeds. Therefore, although the house may be sold, the funds retain their community property character and remain in trust pending further determination by the Superior Court. By filing a bankruptcy before the funds are divided and/or threatening to file bankruptcy, the potential debtor can often generate a settlement which will be advantageous and resolve the divorce issues this can prevent or save on litigation expenses in the divorce case.

An example of using bankruptcy as a shield generally arises in cases where the Superior Court has made certain orders and/or the potential debtor anticipates that the Superior Court is about to make certain orders, oftentimes regarding the value of a business which is no longer valuable and/or the payment or assignment of debts. Filing a bankruptcy will stay the Superior Court proceedings - at least temporarily.


  • Red Hill Law Group really knows their stuff. They certainly don’t try to push you into bankruptcy. They carefully explained everything, including how a short sale could impact you, and how sometimes it’s better to file Chapter 13, keep your house and make payments. They really seem to care about their clients and that’s very important to me. I recommend them highly.


  • The team at Red Hill Law Group took the time to explain our options and how they could help us climb out from under what seemed a mountain of debt.  Bert Briones was so professional, responsive and understanding of our situation it gave us the reassurance we needed to move forward.    I would recommend the Red Hill Law Group team to anyone struggling with credit card debt and unsure of what next steps to take.

  • Bert and his staff are truly exceptional. They treated me with respect and the utmost sensitivity. They were always easy to reach by phone too, which is huge. Altogether, working with them was a very positive experience for me, and I could not recommend them highly enough.

  • They made my hard situation so easy for me.  Accomodated my work schedule and so down to earth and friendly.  Told me exactly what to expect up front and every thing went exactly as planned.  Kelly, Bert’s assistant, was awesome too.  She is sweet, professional and organized!

  • Red Hill Law Group has helped in a way that would have been impossible for me to do on my own. They have negotiated on my behalf and have come up with a reasonable re-payment plan with my creditors.  Although this has been a long journey for me I look forward to the day that I am completely debt free and I will owe that respect to this law group.

  • Red Hill Law Group has been very helpful and resourceful. I was treated with respect and care.  The results were beyond my expectations.

Orange County Bankruptcy Attorney Bert Briones

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Orange County Bankruptcy Attorney
Bankruptcy Lawyer in Orange County CA.

Call 949-468-0915 for a FREE consultation today.
Learn if Chapter 7 is right for you or if Chapter 13 is a better option.