Chapter 7 Bankruptcy

Giving up Property in a Bankruptcy and Ethical Dilemmas for Lawyers

12/13/11

Believe it or not, the vast majority of bankruptcy lawyers, I would say 95% or higher, take their ethical obligations very seriously. We value the oath that we took when we received our license and honor it daily by dispensing advice in the best interests of our clients. Like doctors advising lifestyle modifications or prescribing [...]

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Time to File for Bankruptcy? Part I – Don’t Bankrupt Your Health

12/13/11

There’s no “right” time to file because everyone is different, and so is their situation. There are guidelines to help you decide and we’ll talk about them in this and following blog posts. This post is about your health because it’s more important than your money. Ask yourself these questions: Do you feel like debt [...]

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California – Deed of Trust Assigned…. but Where’s the Note?

12/12/11

Dear Readers:  So many times clients will asking me about the “Missing Note” Defense to a foreclosure. If you are in CALIFORNIA, as of the time of this writing, there is NO MISSING NOTE defense available.  The foreclosure process is regulated by Civil Code, Section 2924 et seq. which sets forth the process by which [...]

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Bankrupting Retirement

12/06/11

The golden years should be spent enjoying time with family and friends. Unfortunately, many senior citizens have to live in poverty while trying to balance their debt; then a certified letter arrives in the mailbox informing them that their meager Social Security check will be garnished to pay for an old unpaid debt.   Chapter [...]

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Dismissals by Interested Parties

12/04/11

Bennett v. Bennett (In re Bennett), No. 09-44442-BDL (Bankr. W.D. Wash., January 19, 2011). When you file for bankruptcy, any “interested” party can ask the court to dismiss your case.  If the court finds that you abused the bankruptcy laws, by lying or hiding assets, the court will agree and dismiss the case.  You will [...]

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The Power of the Bankruptcy Court

12/04/11

 In re: Moser, No. 09-11945 (Bankr. N.D. Calif., May 18, 2011). In your interactions with the bankruptcy court, it is important to be as kind and respectful, and honest as possible.  The bankruptcy court has a lot of discretion in making important decisions that will influence your life for a long time.  It is not [...]

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Some Believe Bankruptcy Laws Exacerbated Housing Market Crisis in Arizona

11/26/11

Some Believe Bankruptcy Laws Exacerbated Housing Market Crisis in Arizona   Could laws changing the requirements for filing bankruptcy worsen or even cause the housing crisis we have seen in the United States over the last three years?  Some believe so, and are arguing that the law should be repealed. In 2005, Congress passed a [...]

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How Much Control Do Bankrupt Dodgers Have Over Baseball Decisions?

11/26/11

How Much Control Do Bankrupt Dodgers Have Over Baseball Decisions?   Not long ago, the Los Angeles Dodgers filed for bankruptcy.  This move was controversial, and concerned many baseball fans.   As sports fans are well aware, good players demand high salaries.  But can the Dodgers renegotiate salaries, and make other financial decisions, while going through [...]

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What Happens To You When Your Employer Files for Bankruptcy?

11/21/11

When Your Employer Files Bankruptcy… In today’s economic climate, it’s not enough to be careful with your own finances – you may face the bankruptcy of your employer.  Then what?  Does your employer have to continue to pay you, and give you health and retirement benefits?  Will you still be able to get paid what [...]

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Can I Pay Back Debts After Filing for Bankruptcy?

11/18/11

Paying back debts after bankruptcy Filing for bankruptcy eliminates your personal liability for debts. Once you receive the discharge order from the court none of your creditors can come after you for what you previously owed. This is the law, creditors who attempt to collect debts that have been discharged through bankruptcy will find themselves [...]

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