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,...
by Devin Sawdayi | Nov 1, 2013
Married couples often take on debt jointly, and California’s community property laws might make spouses equally liable for a debt incurred during the marriage whether or not that was their intent. Division of debts, and enforcement of the responsibility to pay such...
by Devin Sawdayi | Nov 1, 2013
A Chapter 7 debtor appealed a bankruptcy court’s decision that an arbitration judgment against him as an alter ego of a corporation was not dischargeable. In re Houng, No. 8:12-cv-01341, order (C.D. Cal., Sep. 11, 2013). The debtor challenged whether the arbitration...
by Devin Sawdayi | Oct 23, 2013
A couple made famous by reality television is facing multiple criminal charges by the U.S. Department of Justice (DOJ), including allegations of fraud during a Chapter 7 bankruptcy proceeding several years ago. United States v. Giudice, No. 2:13-cr-00495, indictment...
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,...