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Tag : Bankruptcy & Civil Litigation

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 […]

Jurisdiction Over Bankruptcy

Bankruptcy & Civil Litigation, Bankruptcy Law Overview

Jurisdiction (authority of the court to hear a case/matter) is conferred on the federal district courts by 28 U.S.C. §1334, while 28 U.S.C. §157 provides for the referral of bankruptcy matters from district courts to bankruptcy courts. Let’s focus on the bankruptcy court’s authority and what cases can be brought into bankruptcy.  There is good […]

Dischargeability For Fraud, Defalcation, Embezzlement, or Larceny §523(a)(4)

Bankruptcy & Civil Litigation, Chapter 7

Exceptions to your bankruptcy discharge are important to understand before you file your case.  There are certain debts that are not discharged.  Today, I am focusing on the exceptions under 11 U.S.C. §523(a)(4).  Specifically, Fraud or Defalcation While Acting as a Fiduciary and Embezzlement. Fraud or Defalcation While Acting As a Fiduciary Each of the […]

Judicial Estoppel: Why You Should Disclose All Assets, Claims and Debts

Bankruptcy & Civil Litigation, Chapter 11, Chapter 13, Chapter 7, Small Business Bankruptcy

 Have you heard of Judicial Estoppel?  Well, you need to if someone owes you money and you’re thinking of suing while contemplating bankruptcy. The doctrine of Judicial Estoppel generally prevents a party from prevailing in one phase of a case on an argument and then relying on a contradictory argument to prevail in another phase. […]

Foreclosuregate: California Edition

Bankruptcy & Civil Litigation, Bankruptcy Law Overview, Chapter 13, Foreclosure, Modifications

The foreclosure crisis is heating up in the media.  Last Friday, Attorney General Jerry Brown issued this Press Release saying, “All lenders should halt foreclosures until they clear up this mess and ensure that the process is fair and complies with California law,”  Brown said. “Bank of America has taken an important step, and the […]

10 Signs That You May Need Bankruptcy

Bankruptcy & Civil Litigation, Bankruptcy Law Overview, Chapter 13, Chapter 7, Foreclosure, Modifications

Nowadays it seems everyone from big business to celebrities is filing for bankruptcy.  While major corporations are getting government bailouts with our tax dollars, wouldn’t it seem fair if we could get a bailout too?  Sure, you can file for bankruptcy and have many of your debts cleared off your books through a bankruptcy discharge.  But, […]

Filing Bankruptcy during Civil Litigation

Automatic Stay, Bankruptcy & Civil Litigation

The use of bankruptcy as a strategic move in litigation requires a fine line approach.  Susan S. Davis and Alicia N. Vaz wrote, The Impact of Adversary Filing for Bankruptcy during Civil Litigation , Los Angeles Lawyer (Sept., 2009), from a litigation strategy perspective. As a debtor strategy, the first inclination in seeking bankruptcy protection is to […]

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