by Devin Sawdayi | Jun 23, 2020
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...
by Devin Sawdayi | Jun 22, 2020
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...
by Devin Sawdayi | Nov 8, 2019
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...
by Devin Sawdayi | Oct 30, 2019
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,...
by Devin Sawdayi | Oct 15, 2019
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...
by Devin Sawdayi | Apr 12, 2019
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...
by Devin Sawdayi | Mar 29, 2019
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...
by Devin Sawdayi | Oct 24, 2018
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...
by Devin Sawdayi | Sep 20, 2018
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. §...
by Devin Sawdayi | Sep 9, 2018
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...
