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Filing for Bankruptcy After a Prior Discharge Under Chapters 7 and 13.

by Devin Sawdayi | Aug 9, 2013

Bankruptcy under Chapter 7 or 13 offers individuals the opportunity to discharge certain debts, giving the debtor the opportunity to make a somewhat fresh start. Unexpected events can always strike, however, such as the loss of a job or an uninsured illness or injury....

Bankruptcy Courts Disagree on “Chapter 20” Procedures Used to “Strip” Liens from Debtors’ Residences

by Devin Sawdayi | Aug 6, 2013

The Bankruptcy Code prohibits a court from discharging debt if a debtor files a Chapter 7 or 13 case too soon after a prior case that resulted in a discharge. Despite this restriction, a few debtors around the country have used a process informally known as a “Chapter...

Deed from Foreclosure Sale Valid Despite Being Recorded During the Automatic Stay in Borrower’s Bankruptcy Case, Court Rules

by Devin Sawdayi | Jul 18, 2013

An individual who filed for bankruptcy protection shortly after a bank foreclosed on his home sought to prevent the bank from taking title to the house, arguing that the automatic stay prohibits the bank from recording the trustee’s deed. A district court affirmed the...

Illness or Other Misfortune Often Leads to Bankruptcy, as Shown by a Los Angeles Chapter 13 Case

by Devin Sawdayi | Jun 25, 2013

Financial distress can affect almost anyone, and bankruptcy protection can be an effective way to recover from seemingly insurmountable difficulties. Many people find themselves filing for bankruptcy as the result of a sudden or unexpected event, like an illness or...

Debtor’s Retirement Annuity is Not Excludable from Disposable Income in Chapter 13

by Devin Sawdayi | Jun 24, 2013

In a Chapter 13 bankruptcy case, debtors must provide a calculation of their total monthly income, as well as their total disposable income for a given month. These two amounts are not necessarily the same, as state and federal laws allow a debtor to exclude certain...

Discharge of Federal Tax Debt in Bankruptcy, feat. Willie Nelson

by Devin Sawdayi | Jun 10, 2013

Federal tax debt is a significant factor for many individuals filing for bankruptcy protection. Celebrities like Willie Nelson have experienced widely-publicized difficulties due to taxes owed to the Internal Revenue Service (IRS). Unlike many types of debts,...
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Topics

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Recent Posts

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  • U.S. District Court Reviews Jurisdiction to Hear Appeals of Bankruptcy Court Orders
  • Appellate Court Reviews Procedures for “Chapter 20” Lien Stripping
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