chapter 7

Bankruptcy Judge's Free Online Research Binder Now Updated

06/21/11

I have posted in the past about the helpful research binder that former Judge Randall J. Newsome of the United States Bankruptcy Court for the Northern District of California had made available on the Bankruptcy Court's website. Although Judge Newsome has retired from the bench, fortunately Judge Charles Novack, also of the U.S.

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Bankruptcy Judge's Free Online Research Binder Now Updated

06/21/11

I have posted in the past about the helpful research binder that former Judge Randall J. Newsome of the United States Bankruptcy Court for the Northern District of California had made available on the Bankruptcy Court's website. Although Judge Newsome has retired from the bench, fortunately Judge Charles Novack, also of the U.S.

[more]

Former Wilkes Bashford Company Asks Court to Convert Bankruptcy to Chapter 7, Remaining Unsecured Creditors Likely to Receive Less than 1% Recovery

06/21/11

Summary: Last Thursday, TWBC, Inc. filed a motion asking the bankruptcy court in San Francisco to convert its chapter 11 bankruptcy case to chapter 7.  The company was formerly known as The Wilkes Bashford Company and operated a chain of high-end luxury retail stores in Northern California for over 30 years.  However, Wilkes Bashford’s sales [...]

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Medical Expenses and Bankruptcy

06/17/11

It is no secret than many Americans are one tragedy away from financial hardship in the form of accidents, the loss of a job, a divorce, or an unexpected illness.  More than half of all bankruptcies are reportedly the result of overwhelming medical expenses. Even (relatively) small medical bills can become overwhelming quickly because the [...]

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Best Way For Chapter 7 Bankruptcy Debtor To List His Interest In His Insolvent Business

06/03/11

Many self-employed debtors file bankruptcy because they have personally guaranteed debt of their failing business. Some of these debtors want to discharge their guarantees of business bank loans or credit cards used for the business, and they want to try to resurrect the business after they have been cleared of personal liability. In such cases, the debtor has to value his interest in the business. The debtor must value his stock, membership interest, or other form of ownership in his business.

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Chapter 7 Discharge Of Attorney Fee Sanctions From Divorce Proceeding

05/14/11

One of my Chapter 7 bankruptcy clients wants to discharge a judgment in favor of his former wife’s attorney. A family law judge issued a judgment for sanctions against my client  for frivolous litigation during a dispute over enforcement of a property settlement. The judgment was issued in favor of the ex-wife’s attorney for his attorney fees defending my clients continued and baseless challenges to the ex-wife’s enforcement of the property settlement.

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Chapter 7 Bankruptcy Trustee May Challenge Increased Unsecured Debt Within Six Months Prior To Filing

03/28/11

Bankruptcy trustees seem to be getting tougher on debtors who incur significant credit card debts and large secured debt obligations prior to filing Chapter 7 bankruptcy. I am seeing challenges asserted against significant credit card charges within six months prior to filing bankruptcy. That does not mean that you cannot use a credit card for six months before you file. It means that large charges or a substantial increase in credit within the prior six months could draw scrutiny.

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Can a Person Keep a Car in a Chapter 7 Bankruptcy?

01/29/11

The general answer is yes, provided a number of factors exist. First, the person must be current on his monthly payments. If not, the auto finance company will likely choose to repossess the auto rather than offer a reaffirmation agreement. Second, the person must not have significant equity in the vehicle. If so, the trustee may be able to sell the vehicle right out from under the individual and tender a check for $2,400.00 in exchange for the vehicle.

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How Long Does a Typical Chapter 7 Bankruptcy Case Last?

01/22/11

Typically, chapter 7 bankruptcy cases last between three and four months from the date the case is filed. The preparation for a chapter 7 bankruptcy case can be anywhere between one day and many months depending on a number of factors, including attorneys fees, document readiness etc. This post will deal with the chapter 7…

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Reaffirmation Agreements–What are they and why should I hope the Judge does not approve mine?

01/19/11

Sticking with our recent theme in blog entries, we decide to touch on reaffirmation agreements this week. Debtors who file a Chapter 7 bankruptcy in Arizona, and owe money on their house or car, are virtually certain to run across one or more of them. Leaving homes for another day, here is a quick rundown…

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