by Devin Sawdayi | Nov 26, 2013
A federal district court in Santa Ana, California found that a quitclaim deed from a debtor to the debtor’s spouse, named as a defendant in an adversary proceeding, constituted a fraudulent transfer. In re Sui, No. 8:11-bk-20448-CB, findings of fact (C.D. Cal., Sep....
by Devin Sawdayi | Nov 21, 2013
A federal district court upheld a bankruptcy court’s order holding a debt to be nondischargeable in a Chapter 7 case. In re Kurtz, No. CV 12-07175, order (C.D. Cal., Jul. 10, 2013). The case dealt with a judgment against the debtor based on an arbitrator’s decision in...
by Devin Sawdayi | Nov 18, 2013
A California federal district court ruled recently on a debtor couple’s application to proceed with an appeal in forma pauperis (IFP), meaning without payment of filing fees and other costs. This is available to people bringing a variety of claims in the federal court...
by Devin Sawdayi | Nov 13, 2013
A personal bankruptcy can be very complicated, requiring substantial disclosures and accountings from both debtors and creditors. Like other court systems, the federal bankruptcy courts have developed procedural rules that, at least ideally, help the system run more...
by Devin Sawdayi | Nov 11, 2013
When considering whether to file for bankruptcy, most people worry about losing their home, their car, or other familiar assets. Creative works, such as music, films, and literary works are also considered assets, in the category of intellectual property. This type of...
by Devin Sawdayi | Nov 4, 2013
A California bankruptcy court found that a creditor in a Chapter 7 case violated the automatic stay by continuing to garnish one of the debtor’s wages after receiving notice of the bankruptcy petition. In re: Herron, No. 10-14105-PB7, order (Bankr. S.D. Cal., Jan. 6,...
