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Tag : automatic stay

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 […]

Wells Fargo is Still Freezing Bank Accounts!

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

 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 […]

5 Tips To Avoid Loan Modification Scams

Automatic Stay, Chapter 13, Foreclosure, Modifications

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 […]

Bankruptcy Lawyers Guest On Real Estate Radio AM830 This Sunday at 10 a.m.!

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

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, […]