by Devin Sawdayi | Jul 23, 2013
A judgment of the California Labor Commissioner, which ordered a debtor to pay back wages to former employees, is not a dischargeable debt in a Chapter 7 bankruptcy, according to a California federal court. In re Han, No. 2:13-cv-1524-ODW, order (C.D. Cal., Jul. 8,...
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...
by Devin Sawdayi | Jul 16, 2013
Casey Anthony, who gained international notoriety after prosecutors charged her with the murder of her daughter, Caylee Anthony, in 2008, filed for Chapter 7 bankruptcy in early 2013. She claimed substantial debts mostly related to her legal fees. In re Anthony, No....
by Devin Sawdayi | Jul 12, 2013
Federal law does not allow the discharge of student loan debt in a bankruptcy case, except with a showing of “undue hardship.” The Ninth Circuit Court of Appeals recently ruled in favor of a debtor, who sought discharge of his student loan debt in a decade-old...
by Devin Sawdayi | Jul 2, 2013
The Ninth Circuit affirmed an order establishing eligibility for relief from the automatic stay in a Chapter 7 case, finding that the copy of the promissory note presented by the bank met the requirements of the Federal Rules of Evidence. In re Griffin, No. 12-60046,...
by Devin Sawdayi | Jul 2, 2013
In certain circumstances, creditors may file a bankruptcy petition against a debtor, essentially forcing the debtor into a repayment plan. This process, known as involuntary bankruptcy, is mostly used against businesses with substantial debts and sufficient assets to...