Bankruptcy Law
« Previous EntriesFiling Bankruptcy for Corporations
Monday, August 2nd, 2010When does it make sense to file a Chapter 7 or Chapter 11 case for a corporation, LLC, or partnership?
Failure to File Financial Management Course Form 23 in Bankruptcy
Friday, July 30th, 2010Reopening your case if your bankruptcy case is closed without discharge due to failure to file the required Financial management course certificate.
Automatic Stay in Bankruptcy: BAP Clarifies Scope
Friday, July 23rd, 2010The 9th circuit BAP recently clarified the scope of the automatic stay relating to increasing mortgage escrow payments after a bankruptcy case is filed.
Bankruptcy Consult: Importance of Providing Information to Attorney
Tuesday, July 13th, 2010It is important to provide accurate information to a bankruptcy attorney in an initial consultation
Bankruptcy: Waiting Too Long to File Your Case
Tuesday, June 22nd, 2010Waiting too long to file bankruptcy can have dire consequences.
Re-filing Chapter 7 Bankruptcy Case After Prior Dismissal
Tuesday, May 4th, 2010I was asked a question in a forum: If a chapter 7 bankruptcy case gets dismissed for “failing” the means test, under 707(b) of the bankruptcy code (11 U.S.C. 707(b)), is there any time limit on re-filing? The answer is, for most cases, “no.” There are penalties for filing subsequent bankruptcy cases within one [...]
You Can Still Eliminate Credit Card Debts and Taxes in Chapter 7
Wednesday, February 17th, 2010You can still get rid of credit card debt and certain taxes in Chapter 7 bankruptcy cases
How to Lose a Chapter 7 Discharge: Failure to Keep Adequate Records
Friday, February 5th, 2010A while back I wrote an article about the importance of keeping records and receipts, as they are necessary in a bankruptcy case (see http://bklaw.com/bankruptcy-blog/2008/11/receipts-and-documentation/). This requirement was recently revisited by the 9th Circuit Court of Appeals in In re Caneva, 550 F.3d 206 (9th Cir. 2008). In that case, the court held that a [...]
Private Student Loans in Bankruptcy: Dischargeable?
Tuesday, December 29th, 2009Can you discharge private student loans in a bankruptcy case?
Congress Votes Against Bankruptcy Modification
Friday, December 11th, 2009Today the U.S. House of Representatives voted against legislation that would have allowed homeowners to modify their loans on a principal residence in a bankruptcy case (Chapter 13). This is at least the second time this amendment has come up for vote, and this time only 50 democrats voted in favor. Thus, the bankruptcy law [...]
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