by Devin Sawdayi | Jan 12, 2014
A decision by the U.S. Supreme Court in United Student Aid Funds, Inc. v. Espinosa, 130 S. Ct. 1367 (2010), has reportedly prompted a review of various Chapter 13 bankruptcy procedures. The court affirmed an order discharging student loan debt, but only because the...
by Devin Sawdayi | Jan 7, 2014
A federal judge sentenced a Chapter 13 debtor to fifteen months in prison in December 2013, following his conviction of one count of bankruptcy fraud in April. Federal prosecutors accused him of failing to disclose assets, including lease contracts on residential real...
by Devin Sawdayi | Dec 30, 2013
Since 2005, individuals filing for bankruptcy under Chapter 7 or Chapter 13 must receive “credit counseling” from an approved agency before filing a petition. Failure to do so can result in dismissal of the person’s case. The stated purpose of credit counseling is to...
by Devin Sawdayi | Dec 27, 2013
A Georgia woman recently claimed half of the second-largest Mega Millions lottery prize in history, totaling $648 million. The only larger award occurred in March 2012, when three winners split $656 million. The woman’s story has led to an examination of lottery...
by Devin Sawdayi | Dec 20, 2013
Congress passed a massive overhaul of the bankruptcy system, known as the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), in 2005. The law changed many features of individual bankruptcy, including the addition of mandatory counseling and education. A...
by Devin Sawdayi | Dec 16, 2013
A business owner in Maine recently took the unusual step of filing individually for Chapter 13 bankruptcy with the intention, according to local news coverage, of forestalling certain business liabilities. This includes a pending eviction brought by Oxford County...
by Devin Sawdayi | Dec 6, 2013
For most debtors filing for personal bankruptcy under Chapter 7 or Chapter 13, a primary goal is obtaining a discharge of debt at the end of the case. Federal bankruptcy law sets limits on what debts may be subject to discharge, in part to protect creditors who are...
by Devin Sawdayi | Dec 4, 2013
Desert Hot Springs, a small resort town of about 26,000 people in Riverside County, California, is reportedly considering filing for bankruptcy protection. Two other California cities, Stockton and San Bernardino, have filed for bankruptcy since 2012. The most...
by Devin Sawdayi | Nov 29, 2013
“Eviction” is the common term for the process by which a landlord has a tenant removed from an apartment or other leased property for violation of a lease contract, such as non-payment of rent. The word may also be used to describe proceedings brought...
by Devin Sawdayi | Nov 26, 2013
A federal district court in Santa Ana, California found that a quitclaim deed from a debtor to the debtor’s spouse, named as a defendant in an adversary proceeding, constituted a fraudulent transfer. In re Sui, No. 8:11-bk-20448-CB, findings of fact (C.D. Cal., Sep....
