by Devin Sawdayi | Dec 23, 2014
A bankruptcy court allowed Chapter 13 debtors to pursue an adversary claim against their loan servicer for unapproved fees. The debtors claimed that the loan servicer intentionally misapplied a lump sum payment intended to go towards their mortgage principal after the...
by Devin Sawdayi | Oct 6, 2014
California law allows for license suspension, including both driver’s licenses and professional licenses, for nonpayment of certain debts or other obligations. In some cases, a Chapter 7 or Chapter 13 bankruptcy can help an individual get his or her license reinstated...
by Devin Sawdayi | Sep 19, 2014
A debtor sought to recover attorney’s fees from a creditor after successfully defending against its appeal of a ruling that it violated the automatic stay in the debtor’s Chapter 13 bankruptcy case. The bankruptcy court denied her motion, but the Bankruptcy Appellate...
by Devin Sawdayi | Apr 16, 2014
Vince Young, a National Football League quarterback, filed a petition for Chapter 11 bankruptcy in January 2014. Chapter 11 bankruptcy allows individuals or businesses to reorganize their debt payments. It bears some similarities to Chapter 13, although Chapter 13 is...
by Devin Sawdayi | Mar 7, 2014
A Chapter 13 debtor appealed a bankruptcy judge’s order granting relief from the automatic stay to a credit union, which sought to evict them after a foreclosure. The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the lower court’s order, finding that...
by Devin Sawdayi | Feb 22, 2014
Two debtors, a married couple, brought an adversary proceeding against a bank, claiming that it violated the automatic stay by continuing to prosecute a lawsuit in state court against a corporation in which they were the sole shareholders, by filing another lawsuit...
