A mortgage lender did not establish that a debtor’s mortgage debt was nondischargeable in a Chapter 7 bankruptcy, according to a California federal court. In re Duarte, No. 5:13-cv-905-ODW, order (C.D. Cal., Aug. 14, 2013). The lender had sought an order from the...

A bankruptcy case can have a profound impact on a person’s financial life, sometimes requiring changes to personal budgets and debt payments, as well as possible liquidation of non-exempt assets. What happens when a person needs bankruptcy protection, but their spouse...

Bankruptcy under Chapter 7 or Chapter 13 gives a debtor the opportunity to discharge certain debts at the conclusion of the case. Certain debts, however, are never subject to discharge in any bankruptcy proceeding. This includes debts incurred as part of a “domestic...

Bankruptcy under Chapter 7 or 13 offers individuals the opportunity to discharge certain debts, giving the debtor the opportunity to make a somewhat fresh start. Unexpected events can always strike, however, such as the loss of a job or an uninsured illness or injury....

Federal bankruptcy law generally prohibits the discharge of debts related to the debtor’s own fraud or theft. One statutory provision says that debts "for fraud or defalcation” by a fiduciary, such as a trustee, are not dischargeable. 11 U.S.C. § 523(a)(4). Courts...

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...