by Devin Sawdayi | Nov 21, 2013
A federal district court upheld a bankruptcy court’s order holding a debt to be nondischargeable in a Chapter 7 case. In re Kurtz, No. CV 12-07175, order (C.D. Cal., Jul. 10, 2013). The case dealt with a judgment against the debtor based on an arbitrator’s decision in...
by Devin Sawdayi | Nov 18, 2013
A California federal district court ruled recently on a debtor couple’s application to proceed with an appeal in forma pauperis (IFP), meaning without payment of filing fees and other costs. This is available to people bringing a variety of claims in the federal court...
by Devin Sawdayi | Nov 13, 2013
A personal bankruptcy can be very complicated, requiring substantial disclosures and accountings from both debtors and creditors. Like other court systems, the federal bankruptcy courts have developed procedural rules that, at least ideally, help the system run more...
by Devin Sawdayi | Nov 11, 2013
When considering whether to file for bankruptcy, most people worry about losing their home, their car, or other familiar assets. Creative works, such as music, films, and literary works are also considered assets, in the category of intellectual property. This type of...
by Devin Sawdayi | Nov 4, 2013
A California bankruptcy court found that a creditor in a Chapter 7 case violated the automatic stay by continuing to garnish one of the debtor’s wages after receiving notice of the bankruptcy petition. In re: Herron, No. 10-14105-PB7, order (Bankr. S.D. Cal., Jan. 6,...
by Devin Sawdayi | Nov 1, 2013
Married couples often take on debt jointly, and California’s community property laws might make spouses equally liable for a debt incurred during the marriage whether or not that was their intent. Division of debts, and enforcement of the responsibility to pay such...
by Devin Sawdayi | Nov 1, 2013
A Chapter 7 debtor appealed a bankruptcy court’s decision that an arbitration judgment against him as an alter ego of a corporation was not dischargeable. In re Houng, No. 8:12-cv-01341, order (C.D. Cal., Sep. 11, 2013). The debtor challenged whether the arbitration...
by Devin Sawdayi | Oct 25, 2013
A bankruptcy judge in the Los Angeles area held a hearing to address concerns over signatures on documents filed in a Chapter 7 case. The judge concluded that many of the documents did not comply with federal or California law, but also held that the debtor himself...
by Devin Sawdayi | Oct 23, 2013
A couple made famous by reality television is facing multiple criminal charges by the U.S. Department of Justice (DOJ), including allegations of fraud during a Chapter 7 bankruptcy proceeding several years ago. United States v. Giudice, No. 2:13-cr-00495, indictment...
by Devin Sawdayi | Oct 16, 2013
The term “payday loan” refers to a financial transaction in which a lender makes an unsecured loan, usually of a relatively small amount of money, to a borrower at a high rate of interest and for a very short term. The name comes from a requirement by many lenders...
