by Devin Sawdayi | Jan 11, 2017
A debtor moved to dismiss her Chapter 7 bankruptcy case after the trustee sought to use half of a $5,000 monthly payment she received from her ex-spouse to pay creditors. The trustee claimed that half of the monthly payment, which was the debtor’s only reported source...
by Devin Sawdayi | Jan 3, 2017
An article published earlier this year in The Week tells the story of a professional debt counselor who filed for bankruptcy. His account is notable, as he candidly admits, in part because it seems odd for someone who makes a living advising other people about their...
by Devin Sawdayi | Dec 26, 2016
The city of San Bernardino, California is in the process of preparing a bankruptcy plan in its ongoing bankruptcy case. While a Chapter 9 case, applied specifically to municipalities, might have some superficial similarities to an individual’s Chapter 13...
by Devin Sawdayi | Dec 18, 2016
A bankruptcy court dismissed adversary proceedings brought in a Chapter 13 case, in which the debtors sought to strip off junior liens held by the U.S. government for loans issued through the Small Business Administration (SBA). In re Brisco, 486 B.R. 422 (Bankr. N.D....
by Devin Sawdayi | Nov 25, 2016
The automatic stay in a bankruptcy proceeding is intended to freeze the bankruptcy estate at the moment the debtor files a petition in order to allow the bankruptcy trustee to deal with the estate’s property as efficiently as possible. Federal law excludes some...
by Devin Sawdayi | Nov 15, 2016
The moment a debtor files a bankruptcy petition, the automatic stay takes effect. ‘Access’ or ‘use’ to the automatic stay is one of the primary benefits and reasons a person would consider filing a bankruptcy, whether via Chapter 7 or a Chapter...
by Devin Sawdayi | Nov 2, 2016
The U.S. Constitution gives the federal government authority over bankruptcy, and bankruptcy cases proceed in the federal court system based on federal statutes, regulations, and rules. Bankruptcy courts frequently have to deal with state-law issues, however. This is...
by Devin Sawdayi | Oct 27, 2016
Bankruptcy offers relief to people and businesses in financial distress, allowing them to pay down debts over a period of time, or pay them down quickly by liquidating assets. A court may then grant a discharge of some unpaid debts. The bankruptcy process is not,...
by Devin Sawdayi | Oct 21, 2016
Contrary to many popular misconceptions about bankruptcy, declaring bankruptcy does not necessarily mean that a person is “broke.” It means that, even if the person has cash or other assets on hand, they cannot continue to make payments on their debts and other...
by Devin Sawdayi | Aug 30, 2016
In a personal bankruptcy case filed under Chapter 7 or Chapter 13 of the federal Bankruptcy Code, all of a debtor’s non-exempt property becomes the property of a new entity known as the bankruptcy estate. The court will appoint a person to serve as the trustee of the...
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