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What does a Chapter 7 Flowchart Look Like? »

There are thousands of bankruptcy attorneys out there throughout the United States practicing bankruptcy law. While each may run his or her practice a little differently than the others, they are all still bound by the same federal laws found under Title 11 of the US Code.  Accordingly, each chapter 7 case is more or [...]

Bankruptcy and Security Clearances »

So what happens to your security clearance if you file for bankruptcy protection?  Is it revoked? Will you be terminated from your job?  Will you be demoted?  Does your salary decrease?
While there are bankruptcy code provisions that regulate the public and private sector over discriminations in employment when one files for bankruptcy protection, most employers [...]

Are Attorney Fees Still Recoverable in the 9th for Stay Violations? »

On October 1, 2009, the Ninth Circuit Court of Appeals issued its decision in Sternberg v. Johnston, No. 07-16870 wherein it affirmed a stay violation under 11 USC 362, yet held that attorney fees were only recoverable related to enforcing the automatic stay and remedying the stay violation, and not in the litigation of damages.  In [...]

Another Unfavorable Bankruptcy Means Test Decision »

Recently I posted a Blog on the unfavorable In re Martinez decision recently handed down by the Ninth Circuit BAP on October 5, 2009.  Well, the Ninth Circuit BAP did it again that same day in another case with a slightly different twist in the Smith matter.

Bankruptcy Means Test: Unfavorable Decision in Ninth BAP »

On October 5th, 2009, the Ninth Circuit Bankruptcy Appellate Panel (BAP) published its decision in In re Martinez, wherein it concluded that debtors who strip junior liens off mortgages are not entitled to deduct those payments from the chapter 13 projected disposable income test.  While the decision was ordered published, the 3 judge panel disagreed with each [...]

What Happens if You Don’t Object to Bankruptcy Claim? »

If a creditor files a proof of claim in a Bankruptcy Proceeding, it is deemed allowed unless you or another interested party objects.  So what does “allowed” mean and what are its ramifications?

Disclosure of Assets and Supplying Due Diligence Documentation in Bankruptcy »

Filing for Bankruptcy is no walk in the park.  It is an extensive process, with significant document gathering and processing, in addition to research, disclosures, and sometimes multiple court and trustee hearings.  Nevertheless, the more work done up front, the smoother the process will be.  One such area involves compiling all the due diligence documents [...]

Refunds: Bankruptcy Attorney Fees »

It is not uncommon for a debtor to have second thoughts about filing for bankruptcy relief, terminate attorney services prior to filing, and request a refund.  There are many reasons debtors change their mind, such as being persuaded by others that bankruptcy is not in their best interest, finding a cheaper price by less experienced [...]

Strategic Bankruptcy? »

More and more often these days, we are hearing about “Strategic Foreclosure Defaults” in the housing market.  Such defaults occur typically when a borrower with perfect credit and ability to afford the mortgage, makes the intentional financial decision to let a home foreclose back to the lender.
Such defaults are generally triggered by massive amounts of [...]

Ninth Circuit Eliminates “Ride Thru” »

On September 15, 2009, the Ninth Circuit Court of Appeals issued its ruling in Dumont with a split 2 to 1 decision, holding that “Ride Thru” is no longer an option in the Ninth Circuit as a result of the new Bankruptcy Laws enacted under BAPCPA.  In doing so, it overturned its previous Parker decision, [...]