by Devin Sawdayi | Oct 4, 2013
Governments often require individuals or families to demonstrate eligibility for a particular program or benefit, in what is known as a “means test.” The U.S. government has used means tests for programs like Medicaid and food and housing assistance. A law passed by...
by Devin Sawdayi | Oct 3, 2013
The Ninth Circuit Court of Appeals upheld decisions from a bankruptcy court and the Bankruptcy Appellate Panel (BAP), which held that a creditor’s default judgment against the debtor was dischargeable in a Chapter 7 bankruptcy case. In re Fanday, No. 12-60017,...
by Devin Sawdayi | Sep 2, 2013
People considering bankruptcy may have concerns about how it will affect their employment. A sluggish job market has not allayed these concerns, but federal law offers protections for people who might fear adverse events at work because of their bankruptcy case. These...
by Devin Sawdayi | Aug 30, 2013
A creditor who did not challenge the dischargeability of a debt in a Chapter 7 bankruptcy case within the statutory time frame could still assert their challenge, a federal appellate court held, because the debtor did not adequately identify the debt and did not...
by Devin Sawdayi | Aug 28, 2013
A mortgage lender did not establish that a debtor’s mortgage debt was nondischargeable in a Chapter 7 bankruptcy, according to a California federal court. In re Duarte, No. 5:13-cv-905-ODW, order (C.D. Cal., Aug. 14, 2013). The lender had sought an order from the...
by Devin Sawdayi | Aug 19, 2013
A bankruptcy case can have a profound impact on a person’s financial life, sometimes requiring changes to personal budgets and debt payments, as well as possible liquidation of non-exempt assets. What happens when a person needs bankruptcy protection, but their spouse...
