Tag : bankruptcy

Katherine: Hello everyone. Thank you so much for tuning in to This Needs To Be Said TV. I’ve been doing the podcast for several years, and there’s an attorney that I get the opportunity to spend time with on a monthly basis. I love what she does so much that I wanted to share it […]

Katherine: Hello, everyone. Thank you so much for joining us today on “This Needs to be Said”. Our friend, attorney, Christine Kingston has come in, and you always love our chemistry. Today will be nothing short of that. Katherine: It’s around that time where you are getting ready to file your taxes, and some of […]

This year marked the 4th Annual Earl Hagen Memorial Golf & Tennis Tournament presented and co-sponsored by the Central District Consumer Bankruptcy Attorney Association and Los Angeles Bankruptcy Forum.  This year a heated tennis tournament was added for those who don’t enjoy golf and your board of directors is considering adding checkers next year for […]

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 […]

 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. […]

 The Court in In re Kemp 2010 WL 4777625 (Bankr. D. N.J. November 10, 2010) held that a claim filed by a mortgage servicer would be disallowed when that creditor did not have possession of the note and the note was not endorsed to the creditor at the time the claim was filed. The bankruptcy […]

It’s that time of year again where I gaze longingly into my crystal ball and make my predictions for the future of the American Dream; America’s fresh start; and the demise of our mountain of debts.  Despite the continued negative stigma of bankruptcy and it’s “last resort” paradigm, bankruptcy filings in the U.S. continue to […]

At times our clients will sail through their bankruptcy case without any offense from their creditors.  At other times, it seems that our clients must fight for their rights. If you’re among the unfortunate debtors who find themselves being sued in their Chapter 7 bankruptcy case you cannot ignore the Summons and Complaint.  If you’ve […]

There is a growing need for those entering their ‘golden years’ to face the reality of a fixed income that once looked like a hefty savings plan, plus Social Security is now Social Security alone; if you’re lucky.  The stock market plummet has cut many Baby Boomer’s nest eggs by as much as 50% with […]

 In Chapter 7 Basics, I wrote briefly about the means test that was created in 2005 under BAPCPA where MBNA Bank, N.A. worked hard to make it more difficult for consumer debtors to qualify to file bankruptcy under Chapter 7 and created more disposable income to pay creditors under Chapter 13. It’s interesting to note […]