Recent Blog Posts
Is a Judgment Dischargeable in Bankruptcy?
Clients facing a judgment from a lawsuit often ask if those judgments are considered debts that are dischargeable in bankruptcies. Clients generally fear that if they do not file for bankruptcy before a judgment is entered, then that judgment automatically becomes a lien, which eliminates their chances in bankruptcy court. The truth is not so… Read More »
Federal Court Determines Bankruptcy Unavailable for Marijuana Businesses
The slow but steady legalization of medical and recreational marijuana in states like California has created a host of complications in the interactions between federal and state law. Despite California, Colorado, and other states fully decriminalizing marijuana, marijuana remains a Schedule I controlled substance under federal law, illegal even for medicinal usage. Federally-insured banks, for… Read More »
Failure to List a Creditor on Bankruptcy – What Will Happen?
Filing for bankruptcy is a complicated process and requires precision in filing. It is extremely important to list all known debts on the appropriate schedules accompanying your Chapter 7 or Chapter 13 filing. Your creditors have a legal right to know about the proceeding and to participate or object with regards to their claim. Your… Read More »
15,000 Student Loans to be Discharged Under Delayed Obama-Era Rule
Around 15,000 former students received a wonderful holiday gift this season, as their extant student loans were discharged under a newly-implemented regulation from the Department of Education. The rule applies to certain students whose schools closed while they were in attendance, allowing them to cancel loans automatically without having to resort to debt settlement, bankruptcy,… Read More »
Unfair Debt Collection Practices – What is Overbiffing?
Are you familiar with “overbiffing?” It’s a type of unfair debt collection practice in the news recently, and for good reason—debtors are being taken advantage of and should be on notice. In a recent case, regulators from the Federal Trade Commission (FTC) allege debt collectors may have tricked thousands of people into paying far more… Read More »
California Strengthens Debt and Credit Protections for Military Service Members
California lawmakers recently enacted a law that expands protections for servicemembers facing debt and credit issues. The new provisions go into effect next year. Continue reading for details about the changes in the new law, and contact knowledgeable Southern California fair debt collection attorney for help. California enacts additional debt protections for military service members… Read More »
U.S. Department of Education Seeks to Define “Undue Hardship” Regarding the Discharge of Student Loan Debt in Bankruptcy
Currently, the U.S. Bankruptcy Code provides that student loans can only be discharged in bankruptcy if excepting the debt from discharge would impose an “undue hardship” on the borrower and the borrower’s dependents. But the Code doesn’t offer a definition or test for determining undue hardship. It’s left to bankruptcy courts to decide undue hardship… Read More »
More Older Americans Filing for Bankruptcy to Deal with Debt
A new study by the Consumer Bankruptcy Project says there’s been a fivefold increase in the number of older Americans filing for bankruptcy in recent years, with job loss, wage decreases, overwhelming health care costs, and reductions in safety net programs all contributing to the escalation. Seniors have reported going without food, prescriptions, and other… Read More »
Federal Appeals Court Holds Property Fees That Become Due After Bankruptcy Proceedings Begin Are Dischargeable
A recent ruling from the Ninth Circuit Court of Appeals, the federal appeals court that governs California law, could reduce the obligations of debtors who owe fees on current property that become due after bankruptcy proceedings have begun. Read on to learn about the case and contact a skilled California bankruptcy attorney with any questions… Read More »
Ninth Circuit Reaffirms Importance of Right to Cure in California’s Rosenthal Law
A recent opinion issued by the Ninth Circuit Court of Appeals reaffirms an important defense that may be claimed by debt collectors who are alleged to have violated the FDCPA. See below for more about the decision towards bill collector mistakes, and contact a knowledgeable Southern California fair debt collection attorney with any questions about… Read More »