by Devin Sawdayi | Aug 15, 2014
Student loans are a substantial–and growing–burden for many Americans, especially those who are just now entering the job market after college. The increasing cost of higher education is a major concern for current and future students, and the inability to...
by Devin Sawdayi | Aug 10, 2014
In order to pursue a bankruptcy case, a debtor must have the legal capacity to understand the contents and meaning of the bankruptcy petition at the time of filing. The same general rules that govern a person’s capacity to enter into a contract apply in bankruptcy...
by Devin Sawdayi | Aug 4, 2014
Contrary to what many people may believe, it is possible to wipe out tax debts in a Chapter 7 or Chapter 13 bankruptcy. Federal law sets several strict criteria that focus first on the government’s efforts to collect unpaid taxes, and then on the debtor’s adherence to...
by Devin Sawdayi | Jul 30, 2014
Personal bankruptcy can be a complicated and difficult process, with debtors seeking to identify exempt assets while creditors attempt to maximize their recovery from the bankruptcy estate. When disputes arise among debtors, creditors, and court-appointed trustees,...
by Devin Sawdayi | Jul 27, 2014
A debtor may not discharge a debt in bankruptcy that involved money, services, or something else of value obtained by “false pretenses, a false representation, or actual fraud.” 11 U.S.C. § 523(a)(2)(A). A California bankruptcy court recently reopened a Chapter 7...
by Devin Sawdayi | Jun 6, 2014
Years after a debtor obtained a discharge of personal debt in a Chapter 7 bankruptcy proceeding, a mortgage lender with a second-lien mortgage sought to enforce its lien. A bankruptcy court ruled, over the debtor’s objection, that the lender was allowed to do so. In...
by Devin Sawdayi | May 31, 2014
The U.S. Supreme Court ruled against the trustee in a Chapter 7 case who had obtained a bankruptcy court’s leave to pay attorney’s fees, incurred as a result of fraud by the debtor, from the debtor’s exempt assets. Law v. Siegel, No. 12-5196, slip op. (Sup. Ct., Mar....
by Devin Sawdayi | May 19, 2014
A Chapter 13 debtor argued that a bankruptcy court should rule that part of an Internal Revenue Service (IRS) tax lien was void. The lien was only secured debt, he claimed, up to the value of his personal property, and he asked the court to avoid the unsecured amount...
by Devin Sawdayi | Apr 22, 2014
Bankruptcy cases can present difficult jurisdictional questions. District courts have original jurisdiction over bankruptcy cases, but may refer them to the bankruptcy court system. A party in a bankruptcy case can move the district court to withdraw the reference of...
by Devin Sawdayi | Apr 16, 2014
Vince Young, a National Football League quarterback, filed a petition for Chapter 11 bankruptcy in January 2014. Chapter 11 bankruptcy allows individuals or businesses to reorganize their debt payments. It bears some similarities to Chapter 13, although Chapter 13 is...
