Automatic Stay

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 […]

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 […]

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 […]

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 […]

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 […]

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’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 […]

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 […]

     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 […]

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 […]