Los Angeles Bankruptcy Blog: Current issues, comments, questions and answers in bankruptcy law.

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Bankruptcy Attorney

Mark J. Markus has practiced exclusively bankruptcy law in Los Angeles, California since 1991.

Go to the Law Office of Mark J. Markus main webpage.for more information and to schedule a consultation.

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• Arizona Bankruptcy Blog - Joseph McDaniel Arizona BLog
• Bankruptcy Blogs - A compendium of bankruptcy blogs
• Bankruptcy Law Articles - Interesting articles on bankruptcy law and other legal areas
• Bankruptcy Law Network - Very informative collection of bankruptcy articles and blogs
• Bankruptcy Soapbox - Moran Law’s wonderful blog site
• New York Bankruptcy Litigation Blog - Jay Fleischman’s bankruptcy blog
• New York Consumer Litigation Blog - Jay Fleischman’s informative consumer blog

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chapter 7

You Can Still Eliminate Credit Card Debts and Taxes in Chapter 7

You 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

A 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 [...]

What if you forget to list a creditor in your bankruptcy?

what happens if you accidentally omit a creditor from your bankruptcy filing?

Does Filing CH. 13 Bypass the Means Test?

Does filing Chapter 13 instead of Chapter 7 alleviate the requirement of the means test?

Means Test: 401k loan repayment not an Expense

Court rules 401k loan repayments cannot be used in budget on means test to determine eligibility to file bankruptcy.

Bank Accounts Frozen After Filing Bankruptcy

Within the past couple of years, a couple of banks have started freezing the funds in the deposit accounts of debtors when they file a Chapter 7 bankruptcy case.  To my knowledge, the only two banks that are doing this are Wells Fargo Bank and Union Bank.   They do this regardless of whether they are [...]

Get things in writing and get receipts

If there’s one thing lawyers in general repeatedly see from their clients–in any field of law–it’s the lack of proof or evidence necessary to properly represent them or assist in solving their problems. This is as true for a contracts attorney whose client insists is the victim of a breach of an oral contract [...]

How much debt do you need to go bankrupt?

A question I have been repeatedly asked over the years from my potential bankruptcy clients is: How much debt do they need before they can declare bankruptcy? I have found that this question has different intent and meaning to different people. For example, some people think that there actually is a minimum [...]

Discharging consolidated debts in bankruptcy

Another frequent question I get from potential clients is whether debts that they are making payments on as part of a “debt consolidation” program are dischargeable in a bankruptcy case. In fact, I’ve had numerous people think that those aren’t even debts anymore, once they are in a repayment program, or that [...]

Can You Only Bankrupt Certain Debts and Keep Others?

Whether you can discharge (bankrupt) specific debts and keep others is a question that over the years I get asked repeatedly. Actually, strangely enough, clients don’t ask it as a question. They state it as if it were completely possible. “I want to get rid of my large debts and keep the [...]