Car Repossessed? SCOTUS Gets It Wrong, Setting Back Debtors' RightsUntil quite recently, debtors who commenced bankruptcy proceedings enjoyed the benefits of the automatic stay immediately, barring credit...
Wage garnishments and bankruptcy: How they can be stopped and recoveredWhen a bankruptcy case is filed, a stay is automatically and immediately imposed which stops nearly all creditor collection actions. Any ...
Covid-19 the Current State of the Bankruptcy CourtsIf your bankruptcy is in progress or you are considering filing bankruptcy soon, you are probably concerned about how the coronavirus pan...
Surviving and Making Ends Meet During the PandemicWe are living in challenging, uncertain times. Covid-19 is wreaking havoc on the global and domestic economy and no one knows when busine...
Myths, Truths, and FAQs about BankruptcyWHAT IS BANKRUPTCY? Bankruptcy is the process by which a consumer or a business can eliminate or repay some or all of their debts while ...
How to Afford Filing BankruptcyIf you're approaching a Chapter 7 bankruptcy, you may be wondering: How do I pay for it? After all, there are fees associated with the b...
Passing the Means Test to qualify for Chapter 7 bankruptcyIn 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (aka, BAPCPA). The most prevalent change made to the...
What you get to keep in a Chapter 7: ExemptionsMany people are afraid that filing a Chapter 7 bankruptcy means that they are going to lose at least some of their property. In most case...
Using Bankruptcy to Stop a ForeclosureFiling a bankruptcy stops all collection proceedings, including foreclosure. When bankruptcy starts, foreclosure stops. I recently filed ...
Mortgage and Renter's Relief Under the 2020 CARES ActThe $2.3 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act provides mortgage and foreclosure relief to Americans suffer...
Korn Drummer, David Silveria, and his Chapter 11 BankruptcyWhen I heard the news that the drummer of my favorite band from when I was growing up had filed bankruptcy, I decided to comb through his...
Tips for the Chapter 7 Meeting of Creditors HearingThe Trustee Your Meeting of Creditors, also called the 341(a) Hearing, you and your attorney will be meeting with the Chapter 7 trustee a...
Can the trustee take your student loans?Overview of Property of the Estate and Exemptions All Chapter 7 cases come with a risk that you may lose property. In fact, when a case i...
California's Major Win for Homeowners - Homestead Exemption Now Minimum $300k and Maximum of $600k2020 was a terrible year. However, in a year that desperately needed silver-linings, homeowners in California just received a major win w...
Do you have an absolute right to dismiss your Chapter 13 BankruptcyThe Supreme Court hinted upon whether the right to dismiss is absolute in a recent case, Marrama v. Citizens Bank. I The issue in Marrama...
What are all of the different Chapters of the Bankruptcy Code?Bankruptcy Law as a whole is a combination of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil ...
What is lien-stripping and cram-downLien-stripping is the process of bifurcating (splitting) a secured claim into two separate claims, the secured portion and the unsecured ...
Can spouses living separately claim an increased “family unit” homestead exemption?When filing bankruptcy in California, you have a choice of claiming either the "Homestead Exemptions" or the "Wild-Card Exemptions", unde...
Can an interest in child support be assigned?This issue came up in Hoover-Reynolds where the petitioner signed a retainer agreement in January of 1995 to retain the services of legal...
