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Bankruptcy & Civil Litigation

Just Got Sued? Do This First . . .

Bankruptcy & Civil Litigation, Chapter 13, Chapter 7, Debt Collections

If you’ve just gotten served court papers, indicating that a debt collector has sued you, you must act quickly to develop the best strategy in defending this law suit. You only have 3o days to respond to this lawsuit, so time is of the essence. Making the right decision as to your options must be […]

50 Cent in One Hand and Half a Dollar . . .

Bankruptcy & Civil Litigation

 . . . in the other.  I’m a bankruptcy lawyer.  There, I said it.  My product is a service that helps my clients save assets and eliminate debt.  The problem with my business model is that it sparks a never ending conversation about morals and character because the stigma is that folks who file for […]

Help For Bankruptcy Adversary Proceedings

Bankruptcy & Civil Litigation, Chapter 13, Chapter 7, Discharge Violations, Student Loans & Bankruptcy

If you are served a Summons and Complaint during your bankruptcy case you MUST take action to protect your rights.  You cannot ignore court papers and should seek the advice of an attorney immediately, or you may lose your rights and be left on the hook for a debt that may be discharged in your […]

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 […]

Does Having a Disability Erase Student Loans?

Bankruptcy & Civil Litigation, Chapter 7, Student Loans & Bankruptcy

This was a great question asked of Liz Weston (@lizweston) recently. Her answer is here. I like the fact that her answer encompasses several options for the reader, but let’s look at the costs of some of these choices. Under the Total and Permanent Disability discharge of student loans (A federal program), a borrower MUST […]

Time-Barred Debt Collections and FDCPA

Bankruptcy & Civil Litigation, Debt Collections, Fair Credit Reporting, Fair Debt Collections Practices

“Tick-tock” goes the clock on a creditor’s legal ability to collect on a debt owed.  Known as the Statute of Limitations, state laws that vary in each state, limits the time a creditor has to file a law suit to collect a debt. If they do not sue in time, the debt is no longer […]

The Future of Bankruptcy Courts Through the Supreme Court Opinions

Bankruptcy & Civil Litigation, Bankruptcy Law Overview

I feel like a groupie at a rock concert knowing that Erwin Chemerinsky was going to speak.  Lawyers know this name because he wrote many of the books and treatises we used in law school.  I thought about battling the judges, trustees and other lawyers in the room so I could have a “selfie” with […]

Supreme Court Bankruptcy Trilogy & Bankruptcy Judge’s Inferiority Complex

Bankruptcy & Civil Litigation, Bankruptcy Law Overview, Chapter 7, Exemptions

In the Beginning In Stern v. Marshall,131 S. Ct. 2594 (2011), this Court held that Article III of the United States Constitution precludes Congress from assigning certain “core” bankruptcy proceedings involving private state law rights to adjudication by non-Article III bankruptcy judges. Applying Stern, the court of appeals for the Ninth Circuit held that a […]

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 […]

Supreme Court: Money Misuse, Defalcation and Discharge

Bankruptcy & Civil Litigation

It’s amazing to me to see so many bankruptcy cases winding their way to the Supreme Court these days.  It’s no wonder this is happening because the changes to the Bankruptcy Code in 2005, known as the BAPCPA have made no sense to many bankruptcy practitioners.  Recently, the Supreme Court cleared up a definition for […]