• Published On: May 27, 2013

    THE BANKRUPTCY HAS BEEN FILED, NOW WHAT? Once your case is filed there are only a few other duties. First – complete the financial management course. Second – attend the meeting with the trustee (the [...]

  • Forced to choose between paying rent and paying credit cards? “Debt collectors love to call you at work, hoping you will be embarrassed into paying their debt. You can ask [...]

  • Published On: May 26, 2013

    HOW DO I PREPARE FOR BANKRUPTCY? 16 OF THE MOST FREQUENTLY ASKED QUESTIONS. First, and most important step, STOP BEATING YOURSELF UP.  You did not ask to be here.  Life brings unexpected challenges [...]

  • Published On: April 21, 2013

    FORECLOSURE, TRUSTEE SALES AND TAX LIEN FORECLOSURE IN BANKRUPTCY In re RW Meridian LLC, 564 B.R. 21 (9th Cir. BAP 2017).  The Ninth Circuit Bankruptcy Appellate Panel considered whether the pre-petition expiration [...]

  • WHAT ABOUT DISBARRED LAWYERS, DOCUMENT PREPARERS OR PARALEGALS? DISBARRED LAWYERS AND PARALEGALS PREYING ON INNOCENT PEOPLE There are hundreds, if not thousands, of document preparers or disbarred lawyers who have [...]

  • Published On: October 7, 2012

    WARNING TO ALL VISITORS: I AM NOT A TAX ATTORNEY, DO NOT RELY ON ANY TAX ADVICE ON THIS SITE.   OBTAIN ADVICE FROM A COMPETENT TAX ATTORNEY WHO UNDERSTANDS BANKRUPTCY LAW.  THIS OFFICE [...]

  • Published On: October 7, 2012

    UNAUTHORIZED PRACTICE OF LAW: DOCUMENT PREPARERS, DISBARRED ATTORNEYS As a professor of law (now retired) I taught young soon-to-be lawyers the basics of bankruptcy. Most of them believe they can start their [...]

  • Published On: October 7, 2012

    VEHICLES AND BANKRUPTCY Chapter 13 Practice and Procedure - revised section 5:12 that deals with Chicago.  In re Fulton  City of Chicago v. Fulton, 141 S. Ct. 585, 208 L. Ed. 2d [...]

  • PRE-BANKRUPTCY PLANNING AND TRANSFER OF ASSETS In re: Addison, No. 07-2064, 07-2727 (U.S. 8th Circuit Court of Appeals, August 07, 2008) In a bankruptcy case, rulings against debtor and denial of discharge [...]

  • Published On: October 7, 2012

    TOLLING IN BANKRUPTCY In re Swintek, 906 F.3d 1100 (9th Cir. 2018) (Ninth Circuit Court of Appeals held that period in which lien might expire and must be renewed is tolled by [...]

  • Published On: October 7, 2012

    STATUTE OF LIMITATIONS IN BANKRUPTCY Debtors may amend their Schedules at any time — F.R.Bankr.P 1009 — but some courts hold that this right is dependent upon the Debtors’ acting in [...]

  • REAL ESTATE: HOMESTEAD AND BANKRUPTCY ISSUES I. The Homestead Act A “uniquely American contribution” to real property law, homestead exemptions are based on the notion that citizens should have a home where [...]

  • Published On: October 7, 2012

    GENERAL QUESTIONS FOR CREDITORS. "Reaffirmations Impose Impossible Demands On Bankruptcy Counsel", by Cathy Moran In re Anzaldo, 19-00882-MM7, (S.D. CA, 10/24/19) In Ms. Moran's article she discloses that signing reaffirmations is not [...]

  • Published On: October 7, 2012

    STUDENT OR EDUCATIONAL LOANS AND BANKRUPTCY Federal Law: "Stop Student Debt Relief Scams Act of 2019". December 22, 2020 Is a school a Title IV school? Federal School Code Lists Check out [...]

  • Published On: October 7, 2012

    WHAT IS PROPERTY OF THE BANKRUPTCY ESTATE? Everything the debtor owns, or has or will have a right to, is property of the estate. Failure to list property in the schedules will [...]