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

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chapter 7

Filing Bankruptcy for Corporations

When 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

Reopening your case if your bankruptcy case is closed without discharge due to failure to file the required Financial management course certificate.

Bankruptcy: Waiting Too Long to File Your Case

Waiting too long to file bankruptcy can have dire consequences.

Re-filing Chapter 7 Bankruptcy Case After Prior Dismissal

I 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

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 that a [...]

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 [...]