Tag : automatic stay

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 […]

 Back in July, 2010 I reported on the 9th circuit case of Mwangi v. Wells Fargo Bank, N.A., “Wells Fargo Won’t Stop Freezing Bank Accounts.” Our local group of attorneys here in the Central District of California have it on good word from sources inside Wells Fargo’s bankruptcy department that the bank continues to freeze accounts […]

The folks over at Public Counsel Law Center are always providing valuable information to consumers.  Public Counsel Law Center is the nation’s leading Pro Bono Law Firm and they do a great job in bankruptcy practice with their reaffirmation clinics and the new help desks at the clerk intake counter. Here are their 5 tips to […]

Tune in to AM830 this Sunday morning from 10 a.m. to 11 a.m. when my partner John Greifendorff and myself, Christine Wilton guest on Real Estate Radio-Southern California with our host, Ron Siegel! Ron Siegel is host of “Real Estate Radio – Southern California” on ESPN Radio AM 830 KLAA Sunday’s from 10-11AM. Every Sunday, […]