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What is the California Homestead Exemption for a Married Person if the Spouse Does Not Join in the Bankruptcy?
Property exemptions are a complicated, but critically important, aspect of bankruptcy law that incorporate both federal and state law. California has two systems of exemptions that apply to bankruptcy cases, known as System 1 and System 2. System 1 allows for higher...
Some Debtors Take Out Loans to Help With the Costs of Bankruptcy
Bankruptcy is often a very effective means for people in financial distress to obtain relief from their debt burden, but it can involve its own expenses. As ironic as it might seem, some debtors may feel that they must go further into debt in order to pay for their...
Debtor Moves for Dismissal of Involuntary Chapter 7 Bankruptcy Petition
A debtor in an involuntary Chapter 7 bankruptcy case has made several unsuccessful attempts to dismiss the case, with the most recent attempt drawing a mild rebuke from the court. In re Viola, No. 4:11-cv-00817, order (N.D. Cal., Mar. 19, 2014). The district court...
U.S. District Court Reviews Jurisdiction to Hear Appeals of Bankruptcy Court Orders
A district court recently ruled on an appeal of several bankruptcy court orders, holding that it lacked jurisdiction over the matter. Sain v. Isles at Bayshore Master Assoc., Inc., et al, No. 1:14-mc-20338, opinion (S.D. Fla., Jan. 31, 2014). In its opinion and order,...
Appellate Court Reviews Procedures for “Chapter 20” Lien Stripping
An inventive use of federal bankruptcy law enables some debtors to eliminate liens from their homes through a process known as “Chapter 20.” The name refers to the sum of 7 and 13, since the process uses both Chapter 7 and Chapter 13 proceedings. Not all courts agree...
Bankruptcy Court Rules on Chapter 13 Debtors’ Motion to Value Homestead Property
A married couple in a Chapter 13 bankruptcy proceeding filed a motion to value the lien on their homestead property, a condominium in Florida. This type of motion can be useful to debtors who believe that the value of their property is less than the total amount of...
Lenders Sometimes Raise Unusual Arguments to Oppose Discharge of Student Loans in Bankruptcy
Student loan debt is a growing burden for people in Los Angeles and all over the country, as the cost of higher education seems to grow faster than the job market. Student loan debt is also one of the few types of debt that is almost never subject to discharge in a...
Credit Card Debt in Chapter 7 and Chapter 13 Bankruptcy
Credit card debt can be incredibly stressful for people experiencing financial difficulties. High interest rates and late fees, along with increasingly high minimum payments, may make final payment of the debt seem impossible. The bankruptcy system may allow the...
Student Loan Borrower Appeals Nondischargeability of Student Loan Debt in Bankruptcy to U.S. Supreme Court
Student loans are not dischargeable in Chapter 7 or Chapter 13 bankruptcy, except in narrowly defined circumstances. A debtor must establish that continued payment of the student loan debt would cause “undue hardship” to them and their dependents. 11 U.S.C. §...
A Brief History of Student Loan Discharge in Bankruptcy
Under the federal Bankruptcy Code, certain debts are not eligible for discharge by a bankruptcy court at the end of a case. Nondischargeable debts include certain tax debts, 11 U.S.C. § 523(a)(1); spousal and child support, id. at § 523(a)(5); and debts that resulted...
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