by Devin Sawdayi | Jan 27, 2014
A federal district court affirmed a bankruptcy judge’s order converting a Chapter 13 bankruptcy to a Chapter 7 based on a finding of bad faith on the part of the debtor. In re Killian, No. 3:12-cv-03156, order (C.D. Ill., Sep. 30, 2013). Federal bankruptcy law allows...
by Devin Sawdayi | Oct 15, 2013
A debtor unsuccessfully sought the court’s permission for turnover of funds withheld under a wage garnishment order. In re Solorzano, No. 12-11693-CL13, mem. decision and order (Bankr. S.D. Cal., Apr. 12, 2013). The court found the debtor’s motion deficient in...
by Devin Sawdayi | Sep 20, 2013
A bankruptcy case often involves the sale of a debtor’s assets in order to pay substantial amounts of debt. This has led to some popular misconceptions that a bankruptcy case will leave a person homeless and destitute. Bankruptcy law allows debtors to claim...
by Devin Sawdayi | Sep 18, 2013
Filing for bankruptcy, particularly Chapter 7, does not mean losing everything you own. While liquidation is undoubtedly a challenging and difficult process for a debtor, state and federal law allow the exemption of some property from the bankruptcy estate, like a...
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...
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,...
