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 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 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...
by Devin Sawdayi | Aug 16, 2016
Personal bankruptcy under Chapters 7 and 13 offer ways for people to obtain financial relief when their income is not high enough to continue making required payments on their debts. The federal Bankruptcy Code deals with different types of debt in different ways. The...