by Devin Sawdayi | Aug 28, 2013
A mortgage lender did not establish that a debtor’s mortgage debt was nondischargeable in a Chapter 7 bankruptcy, according to a California federal court. In re Duarte, No. 5:13-cv-905-ODW, order (C.D. Cal., Aug. 14, 2013). The lender had sought an order from the...
by Devin Sawdayi | Aug 21, 2013
Debt collectors are not always looked upon favorably. They are annoying, rude, and aggressive. Some will even tell flat out lies to achieve their goal. Whats worst, is that they seem to forget or simply not care that the person they are “speaking” to on...
by Devin Sawdayi | Aug 19, 2013
A bankruptcy case can have a profound impact on a person’s financial life, sometimes requiring changes to personal budgets and debt payments, as well as possible liquidation of non-exempt assets. What happens when a person needs bankruptcy protection, but their spouse...
by Devin Sawdayi | Aug 14, 2013
The purpose of bankruptcy, in many cases, is to help an individual get out of an unsustainable situation. The bankruptcy process may present challenges, including frugal living and the liquidation of assets, but it is generally preferable to the alternative of...
by Devin Sawdayi | Aug 12, 2013
Bankruptcy under Chapter 7 or Chapter 13 gives a debtor the opportunity to discharge certain debts at the conclusion of the case. Certain debts, however, are never subject to discharge in any bankruptcy proceeding. This includes debts incurred as part of a “domestic...
by Devin Sawdayi | Aug 9, 2013
Bankruptcy under Chapter 7 or 13 offers individuals the opportunity to discharge certain debts, giving the debtor the opportunity to make a somewhat fresh start. Unexpected events can always strike, however, such as the loss of a job or an uninsured illness or injury....
by Devin Sawdayi | Aug 6, 2013
The Bankruptcy Code prohibits a court from discharging debt if a debtor files a Chapter 7 or 13 case too soon after a prior case that resulted in a discharge. Despite this restriction, a few debtors around the country have used a process informally known as a “Chapter...
by Devin Sawdayi | Jul 30, 2013
Federal bankruptcy law generally prohibits the discharge of debts related to the debtor’s own fraud or theft. One statutory provision says that debts “for fraud or defalcation” by a fiduciary, such as a trustee, are not dischargeable. 11 U.S.C. § 523(a)(4)....
by Devin Sawdayi | Jul 23, 2013
A judgment of the California Labor Commissioner, which ordered a debtor to pay back wages to former employees, is not a dischargeable debt in a Chapter 7 bankruptcy, according to a California federal court. In re Han, No. 2:13-cv-1524-ODW, order (C.D. Cal., Jul. 8,...
by Devin Sawdayi | Jul 18, 2013
An individual who filed for bankruptcy protection shortly after a bank foreclosed on his home sought to prevent the bank from taking title to the house, arguing that the automatic stay prohibits the bank from recording the trustee’s deed. A district court affirmed the...
