As a Sacramento Bankruptcy Attorney I pay close attention to cases that affect residents living within the Sacramento metropolitan area. In a recent case heard by the Ninth U.S. Circuit Court of Appeals Bankruptcy Appellate Panel – In re Cha and Park – failing to pay ones rent, if determined…
Articles Posted in Bankruptcy Caselaw
Court Holds Domestic Support Obligations Not Automatically Dischargeable in Chapter 7 Bankrutpcy
As a Sacramento Bankruptcy Attorney I must often explain to my clients that domestic support obligations, such as spousal support and child support, are not dischargeable in Chapter 7 bankruptcy. This concept frustrates many individuals trying to clean up his or her economic profile. I must also remind these individuals…
Victory for Chapter 7 Debtor in Student Loan Discharge Case
As a Chapter 7 and Chapter 13 bankruptcy attorney in Sacramento I frequently receive calls from people who consider bankruptcy because they have oppressive student loan debt. Student loans are a major issue for many bankruptcy filers. I predict these issues will continue to increase and the laws will ultimately…
Court Holds Bankruptcy Trustee May Collect Funds From Checks Not Cleared on Day of Bankruptcy Filing
As a Sacramento bankruptcy attorney, I typically take a client’s case before the he or she files the bankruptcy petition. I do this in order to help him or her prepare the petition before the actual filing Chapter 7 or Chapter 13. Preparation for bankruptcy can mean a lot of…
Bankruptcy Appellate Panel Affirms that Debtor is in Better Postition to Keep House When Filing Bankruptcy Before Foreclosure Sale
As an attorney who protects my clients against foreclosure, I am very familiar with the concept of filing a Chapter 13 or Chapter 7 bankruptcy stop the foreclosure sale. Since the filing of a bankruptcy petition includes an automatic stay – a court order prohibiting all creditors from collecting against…
Ninth Circuit Court of Appeal Rules Tax Debt can be Discharged in Second Bankruptcy
Sacramento area residents considering a Chapter 7 or Chapter 13 bankruptcy should be interested to learn about the recent United States Ninth Circuit Court of Appeals case: In re Brenda Marie Jones, which affects how a second bankruptcy filing affects a persons tax debts. The Ninth Circuit Court of Appeals…
Class Action HAMP Lawsuit Dismissed by Federal Judge
California residents who reside in the Sacramento metropolitan area may be interested to know an update in case-law that could potentially impact any home loan modification. The ongoing trend regarding litigation surrounding the Home Affordable Modification Program (HAMP) has been re-affirmed by a Washington D.C. Judge in Doreen Edwards et…
Appellate Court Rules Increased Property Value Belongs to the Bankruptcy Estate
The 9th U.S. Circuit Court of Appeals, which has jurisdiction over all Sacramento area residents who file Chapter 7 or Chapter 13 bankruptcy, ruled yesterday that a Chapter 7 bankruptcy trustee may be able to sell a debtor’s house if its value increases during the bankruptcy, even though the debtor’s…
Appellate Court makes decision regarding Fair Debt Collection Practices Act (FDCPA) and Mortgage Lenders
Sacramento area debtors who have filed Chapter 7 or Chapter 13 bankruptcy are frequently concerned with the implications of the FDCPA (affecting a creditor’s ability to collect on a debt) while his or her case is pending in the local bankruptcy court. The Seventh U.S. Circuit Court of Appeals, which…
Sacramento Area Bankruptcy Laws Unsettled With Regard to “Stripping-off” an Unsecured Second Mortgage by Filing Chapter 7
For those of you living in the Sacramento area that have a second mortgage on your real property which is essentially “unsecured” due to the fact that the value of your house has fallen below the amount secured by your first mortgage may be able to stop the bank from…