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Dispute Over Discharge of Debt in Chapter 7 Bankruptcy Addresses Treatment of State Judgments by Federal Courts
A federal district court upheld a bankruptcy court’s order holding a debt to be nondischargeable in a Chapter 7 case. In re Kurtz, No. CV 12-07175, order (C.D. Cal., Jul. 10, 2013). The case dealt with a judgment against the debtor based on an arbitrator’s decision in...
Procedures for In Forma Pauperis Filings in Bankruptcy Cases
A California federal district court ruled recently on a debtor couple’s application to proceed with an appeal in forma pauperis (IFP), meaning without payment of filing fees and other costs. This is available to people bringing a variety of claims in the federal court...
Debtor’s Adversary Proceeding in Chapter 7 Bankruptcy Dismissed on Procedural Grounds; Appeal Dismissed as Untimely
A personal bankruptcy can be very complicated, requiring substantial disclosures and accountings from both debtors and creditors. Like other court systems, the federal bankruptcy courts have developed procedural rules that, at least ideally, help the system run more...
Treatment of Artistic Works in Bankruptcy: Can a Musician Lose the Rights to Their Music?
When considering whether to file for bankruptcy, most people worry about losing their home, their car, or other familiar assets. Creative works, such as music, films, and literary works are also considered assets, in the category of intellectual property. This type of...
Judgment Creditor Violated Automatic Stay by Continuing Wage Garnishment, Court Finds
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,...
Credit Card Debt May be Dischargeable in a Chapter 7 Bankruptcy, but a Court Order for Payment of Credit Card Debt to a Former Spouse is Not
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...
Court Declines to Discharge Judgment Lien Against Debtor for Business Debt
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...
Chapter 7 Bankruptcy Case Delayed Because Debtor Did Not Personally Sign Petition
A bankruptcy judge in the Los Angeles area held a hearing to address concerns over signatures on documents filed in a Chapter 7 case. The judge concluded that many of the documents did not comply with federal or California law, but also held that the debtor himself...
Reality TV Couple Faces Bankruptcy Fraud Allegations Years After Unsuccessful Closure of Chapter 7 Case
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...
How Are Payday Loans and Cash Advances Treated in Bankruptcy?
The term “payday loan” refers to a financial transaction in which a lender makes an unsecured loan, usually of a relatively small amount of money, to a borrower at a high rate of interest and for a very short term. The name comes from a requirement by many lenders...
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