by Devin Sawdayi | Nov 8, 2019
A debtor in an involuntary Chapter 7 bankruptcy case has made several unsuccessful attempts to dismiss the case, with the most recent attempt drawing a mild rebuke from the court. In re Viola, No. 4:11-cv-00817, order (N.D. Cal., Mar. 19, 2014). The district court...
by Devin Sawdayi | Oct 30, 2019
A district court recently ruled on an appeal of several bankruptcy court orders, holding that it lacked jurisdiction over the matter. Sain v. Isles at Bayshore Master Assoc., Inc., et al, No. 1:14-mc-20338, opinion (S.D. Fla., Jan. 31, 2014). In its opinion and order,...
by Devin Sawdayi | Oct 15, 2019
An inventive use of federal bankruptcy law enables some debtors to eliminate liens from their homes through a process known as “Chapter 20.” The name refers to the sum of 7 and 13, since the process uses both Chapter 7 and Chapter 13 proceedings. Not all courts agree...
by Devin Sawdayi | Apr 12, 2019
A married couple in a Chapter 13 bankruptcy proceeding filed a motion to value the lien on their homestead property, a condominium in Florida. This type of motion can be useful to debtors who believe that the value of their property is less than the total amount of...
by Devin Sawdayi | Mar 29, 2019
Student loan debt is a growing burden for people in Los Angeles and all over the country, as the cost of higher education seems to grow faster than the job market. Student loan debt is also one of the few types of debt that is almost never subject to discharge in a...
by Devin Sawdayi | Aug 24, 2018
Federal prosecutors filed bankruptcy fraud charges against a reality television star in October 2015, alleging that she attempted to conceal income from the court during a bankruptcy proceeding. United States v. Miller, No. 2:15-cr-00212, indictment (M.D. Pa., Oct....