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Debtors Allowed to Sue Loan Servicer for Charging Unapproved Fees During Chapter 13 Bankruptcy
A bankruptcy court allowed Chapter 13 debtors to pursue an adversary claim against their loan servicer for unapproved fees. The debtors claimed that the loan servicer intentionally misapplied a lump sum payment intended to go towards their mortgage principal after the...
The Cautionary Tale of the World’s “Most Indebted Man”
It seems as though most people, at least in the United States, carry some form of debt. A debt history is actually a prerequisite for many major milestones, such as purchasing a home, so being too disciplined with one’s debt can have an ironically detrimental effect....
Embezzlement Judgment Does Not Prevent Debtor From Exempting Proceeds of Civil Lawsuit Against Creditor
A U.S. magistrate judge in California ruled on a very unusual set of circumstances in a bankruptcy case, Thomas v. Bostwick, No. 13-cv-02544, order (N.D. Cal., Aug, 29, 2014). A creditor had filed a lien against the possible proceeds of a lawsuit filed by the debtor...
Pre-Bankruptcy Sale of Real Property Below Market Price Found to be Fraudulent by Bankruptcy Judge
The trustee in a Chapter 7 bankruptcy case filed a motion for partial summary judgment seeking to avoid two transfers that occurred shortly before the debtors filed their bankruptcy petition. The court held one of the transfers, the sale of real estate for less than...
Bankruptcy Appellate Panel Applies State Law in Determining Homestead Exemption
The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit vacated the ruling of a bankruptcy judge, finding that the debtor in a Chapter 7 case might be entitled to exempt certain real property as his homestead. In re Calderon, 507 B.R. 724 (BAP 9th Cir. 2014) (PDF...
White House Takes Action on Student Loans; Executive Order Does Not Affect Nondischargeability of Student Loans in Bankruptcy
President Obama issued an executive order on June 9, 2014 intended to alleviate the burden on people struggling to repay student loans. Student loan debt and the cost of college have both grown at explosive rates in recent years, while the job market has remained...
How Bankruptcy Might Help with Some California License Suspensions
California law allows for license suspension, including both driver’s licenses and professional licenses, for nonpayment of certain debts or other obligations. In some cases, a Chapter 7 or Chapter 13 bankruptcy can help an individual get his or her license reinstated...
Federal Judge Gives Debtors Additional Time to Perfect Appeal in California Chapter 7 Bankruptcy Case
A federal district judge considered a couple’s request to reinstate their appeal in a Chapter 7 case. After several instructions and orders from the court to file additional documents, the court had dismissed the appeal, leading to the debtors’ motion to vacate the...
Bankruptcy Court Order Invalidating Sale of Real Estate Affirmed by Ninth Circuit
The Ninth Circuit Court of Appeals affirmed a bankruptcy court order invalidating the sale of real estate located in Mexico, based on a finding that the sale was an unauthorized transfer made after the debtors filed their bankruptcy petition. In re Icenhower, No....
Ninth Circuit Considers Whether Debtor’s Attorney’s Fees Are “Actual Damages” when Creditor Violates Automatic Stay
A debtor sought to recover attorney’s fees from a creditor after successfully defending against its appeal of a ruling that it violated the automatic stay in the debtor’s Chapter 13 bankruptcy case. The bankruptcy court denied her motion, but the Bankruptcy Appellate...
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