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Automatic Stay

Filing bankruptcy helps with creditors

Automatic Stay, Bankruptcy & Civil Litigation, Chapter 13, Chapter 7, Family Law and Bankruptcy, Medical Debt & Bankruptcy, Payday Loans and Bankruptcy

There are many ways that filing for bankruptcy protection can help with creditors whether you file under Chapter 7 or Chapter 13 of the Bankrutpcy Code. After you have prepared and filed your bankruptcy paperwork, the court clerk will notify all of your creditors of your bankruptcy filing and inform them that they may no […]

Ninth Circuit Appellate Panel Overturns the BAP; Approves Wells Fargo Freeze Policy

Automatic Stay, Bankruptcy Law Overview, Chapter 7, Exemptions

We have been following the Mwangi case since 2010 when we first heard of Wells Fargo placing a “temporary administrative pledge,” known as a “freeze” on a debtor’s bank account after it discovered that they had filed bankruptcy. You can read the first article here and the follow up article here. Facts After filing for […]

House of Debt: SoCal Version

Automatic Stay, Bankruptcy & Civil Litigation, Chapter 13, Chapter 7, Foreclosure, Modifications, Short Sales

On Sunday mornings, I enjoy my coffee with the newspaper and June 8th was the usual.  I like to keep current on the housing market and all things debt, so it’s no surprise that the article entitled, Feuer targets big banks for L.A. by Michael Hiltzik (@hiltzikm) caught my attention. I am delighted to learn […]

The Automatic Stay Stops Your Creditors The Moment You File Bankruptcy

Automatic Stay, Chapter 13, Chapter 7

It seems rather simple to say that the moment your bankruptcy case is filed, this protective shield comes up to protect you from your creditors.  Technically, the Automatic Stay, found in 11 U.S.C. §362 is an injunction that arises by operation of law, hence the “automatic” part. It acts like a Super Hero to protect […]

Grounds for Dismissal of a Bankruptcy Case

Automatic Stay, Bankruptcy Law Overview, Chapter 13, Chapter 7

I’m continuing my studies toward legal specialization in bankruptcy and want to share with you the general grounds for dismissal of a bankruptcy case. There are several ways your bankruptcy case can be dismissed. Once a bankruptcy case is dismissed, the case is terminated and the creditor’s collection rights at state law are no longer […]

Bankruptcy Hijacking: Limited Relief From Stay is Appropriate

Automatic Stay

For those who have followed my previous posts regarding the bankruptcy hijackings taking place here in the Central District, here is a very recent decision shared by my colleagues of the Central District Consumer Bankruptcy Attorney Association.  In re: 4th Street East Investors, Inc., Chapter 11, Debtor(s). Case No. 2:12-bk-17951-NB. United States Bankruptcy Court, C.D. […]

I is for Injunction

Automatic Stay, Bankruptcy Alphabet

I’m continually expanding my bankruptcy law studies and now reading, Bankruptcy and Debtor/Creditor, Fifth Edition by Brian A. Blum. In this book, Blum discusses the two most important forms of injunction in a bankruptcy case as arising as a matter of law, which means automatically, at certain stages of the proceedings.  A basic definition of […]

The Essentials of Foreclosure Defense

Automatic Stay, Avoid Liens, Bankruptcy Law Overview, Chapter 13, Foreclosure, Modifications

On September 20, 2011 I was a speaker for Law Review CLE on the topic of Foreclosure Defense in Orange, California and again on November 10, 2011 in Riverside. My perspective is always from the bankruptcy side where we will file under Chapter 13 of the Bankruptcy Code to initially stop the foreclosure sale. The […]

Motion To Continue Stay in Subsequent Filings

Automatic Stay, Chapter 13, Chapter 7, Foreclosure

     A literal reading of 11 U.S.C. Section §362(c)(3) terminates the stay 30 days after the filing of the petition only with respect to the debtor, not property of the estate. However, coming into bankruptcy court in the Central District, recent rulings have discussed whether the Stay terminates entirely or only with respect to the […]

Bankruptcy Lawyers Give FREE Plasectomys!

Automatic Stay, Chapter 7, Debt Collections

Dave Ramsey may have been the first to coin the term, “plasectomy,” but the doctors and surgeons that most effectively execute this procedure are bankruptcy lawyers.  Dave touts self plesectomy, such a procedure will only slow the tumor’s growth. To be sure, my partner John Greifendorff defines plasectomy as the procedure to remove malignant financial […]