by Devin Sawdayi | Jul 16, 2013
Casey Anthony, who gained international notoriety after prosecutors charged her with the murder of her daughter, Caylee Anthony, in 2008, filed for Chapter 7 bankruptcy in early 2013. She claimed substantial debts mostly related to her legal fees. In re Anthony, No....
by Devin Sawdayi | Jul 12, 2013
Federal law does not allow the discharge of student loan debt in a bankruptcy case, except with a showing of “undue hardship.” The Ninth Circuit Court of Appeals recently ruled in favor of a debtor, who sought discharge of his student loan debt in a decade-old...
by Devin Sawdayi | Jul 5, 2013
The trustee has filed a proposed Chapter 11 bankruptcy plan in the case of Lou Pearlman, a music mogul currently serving a prison sentence for various fraud offenses. In re Pearlman, No. 6:07-bk-00761, Chapter 11 trustee’s plan (Bankr. M.D. Fla., Jun. 12, 2013)....
by Devin Sawdayi | Jul 2, 2013
The Ninth Circuit affirmed an order establishing eligibility for relief from the automatic stay in a Chapter 7 case, finding that the copy of the promissory note presented by the bank met the requirements of the Federal Rules of Evidence. In re Griffin, No. 12-60046,...
by Devin Sawdayi | Jul 2, 2013
In certain circumstances, creditors may file a bankruptcy petition against a debtor, essentially forcing the debtor into a repayment plan. This process, known as involuntary bankruptcy, is mostly used against businesses with substantial debts and sufficient assets to...
by Devin Sawdayi | Jun 25, 2013
Financial distress can affect almost anyone, and bankruptcy protection can be an effective way to recover from seemingly insurmountable difficulties. Many people find themselves filing for bankruptcy as the result of a sudden or unexpected event, like an illness or...
by Devin Sawdayi | Jun 24, 2013
In a Chapter 13 bankruptcy case, debtors must provide a calculation of their total monthly income, as well as their total disposable income for a given month. These two amounts are not necessarily the same, as state and federal laws allow a debtor to exclude certain...
by Devin Sawdayi | Jun 20, 2013
In a bankruptcy proceeding, a trustee may avoid transfers made, or obligations incurred, by the debtor during the two years prior to the filing date, if the transfer or obligation was actually or constructively fraudulent. 11 U.S.C. § 548(a). The Ninth Circuit...
by Devin Sawdayi | Jun 19, 2013
A bankruptcy judge in Los Angeles dismissed a Chapter 7 case filed by the founder of a well-known technology website, finding that the debtor missed a filing deadline. In re Minor, No. 2:13-bk-23787-TD, order and notice of dismissal (Bank. C.D. Cal., Jun. 13, 2013)....
by Devin Sawdayi | Jun 12, 2013
Among famous and wealthy businesspeople in the United States, Donald Trump stands out for having had particularly great influence on American culture. With a series of real estate ventures, several television series, numerous books, and no small amount of public...