by Devin Sawdayi | Oct 15, 2013
A debtor unsuccessfully sought the court’s permission for turnover of funds withheld under a wage garnishment order. In re Solorzano, No. 12-11693-CL13, mem. decision and order (Bankr. S.D. Cal., Apr. 12, 2013). The court found the debtor’s motion deficient in...
by Devin Sawdayi | Oct 4, 2013
Governments often require individuals or families to demonstrate eligibility for a particular program or benefit, in what is known as a “means test.” The U.S. government has used means tests for programs like Medicaid and food and housing assistance. A law passed by...
by Devin Sawdayi | Oct 3, 2013
The Ninth Circuit Court of Appeals upheld decisions from a bankruptcy court and the Bankruptcy Appellate Panel (BAP), which held that a creditor’s default judgment against the debtor was dischargeable in a Chapter 7 bankruptcy case. In re Fanday, No. 12-60017,...
by Devin Sawdayi | Sep 23, 2013
Student loan debt is one of the largest forms of personal debt in America, surpassing the total amount of credit card debt in some estimates. With the costs of education rising and overall job prospects improving only slowly, student loan debt is likely to continue to...
by Devin Sawdayi | Sep 20, 2013
A bankruptcy case often involves the sale of a debtor’s assets in order to pay substantial amounts of debt. This has led to some popular misconceptions that a bankruptcy case will leave a person homeless and destitute. Bankruptcy law allows debtors to claim...
by Devin Sawdayi | Sep 18, 2013
Filing for bankruptcy, particularly Chapter 7, does not mean losing everything you own. While liquidation is undoubtedly a challenging and difficult process for a debtor, state and federal law allow the exemption of some property from the bankruptcy estate, like a...
by Devin Sawdayi | Sep 10, 2013
A New York City restaurateur recently filed a personal Chapter 7 bankruptcy petition, citing overexpansion of his restaurant business in a bad economy. In re Denton, No. 13-bk-12799, vol. petition (Bankr. S.D.N.Y., Aug. 27, 2013). The petition identifies over $1...
by Devin Sawdayi | Sep 7, 2013
The Ninth Circuit Court of Appeals recently upheld a Bankruptcy Appellate Panel (BAP) ruling against a creditor who had sought to prevent the discharge of a debt in a Chapter 7 proceeding. In re Parker (“Parker 2”), No. 12-60047, memorandum (9th Cir., Jul. 15, 2013)....
by Devin Sawdayi | Sep 2, 2013
People considering bankruptcy may have concerns about how it will affect their employment. A sluggish job market has not allayed these concerns, but federal law offers protections for people who might fear adverse events at work because of their bankruptcy case. These...
by Devin Sawdayi | Aug 30, 2013
A creditor who did not challenge the dischargeability of a debt in a Chapter 7 bankruptcy case within the statutory time frame could still assert their challenge, a federal appellate court held, because the debtor did not adequately identify the debt and did not...
