For many years, it was questionable whether a debtor who filed for chapter 7 relief was able to keep expensive real estate at the expense of paying other creditors.  At least 5 cases have come down since the new laws passed in 2005 that held that such high expenses related to residences was an “abuse” [...]

The United States District Court located in San Diego recently issued an opinion on December 10, 2008, holding that student loans may be discharged in chapter 13 bankruptcy cases where the creditor fails to object after receiving proper notice.  Other cases around the country are also holding the same and the United States Supreme Court [...]

The Southern District of California Bankruptcy Court in San Diego recently issued a ruling that allowed a junior lien to be removed in a Chapter 13 case, even though the debtor was not eligible to obtain a discharge. Discharge was not available since the debtor previously filed a chapter 7 petition and the new bankruptcy laws [...]

 
Good news for California Homeowners who are in default on their mortgages.  On February 20, 2009, Governor Schwarzenegger signed ABX2 7 and SBX2 7.  These new laws provide additional time for borrowers to work out loan modifications who are presently facing foreclosure.  This law went into effect June 15, 2009.

It is not uncommon for debtors to have attorney fee claims against themselves and/or future property of the estate.  The most common example is an attorney fee lien agreement on a personal injury case.  In the event of recovery in those cases, the attorney typically receives 33% or more of the gross settlement or judgment.
Recently, [...]

Technically yes.  Debtors are frequently surprised to find that they are still personally liable for HOA fees after filing for bankruptcy, even though they have moved out and for all intents and purposes made known their intent in the bankruptcy that they are surrendering their property back to the bank.  Such liability is the result of [...]

So its been 2 years now and you are wondering the current status of your Chapter 13.  What is your payoff?  What claims have been submitted?  What is the balance of each claim?  How do you go about finding out this information?  Many times, debtors simply contact their attorney who they assume has all the [...]

Recently, many lenders have been refusing to pick up vehicles that debtors are surrendering in bankruptcy proceedings.  Perhaps if these lenders picked up these vehicles and sold them at auction, they would need less bail out money and might avoid Chapter 11.

It is not uncommon for debtors to move while their Chapter 7 or 13 bankruptcy is pending.  Generally, this is not an issue provided a change of address is sent to all necessary parties.  If you move before your case is discharged, do not assume your mail will be forwarded.  Instead, at least notify your [...]

Every week we get clients filing for bankruptcy protection asking questions whether they should proceed with a short sale on their real estate.  The bottom line, is that if you are filing for bankruptcy, you should forget about a short sale in most situations.
Lets first define what a short sale is.  When you sell real [...]