Expert Bankruptcy & Debt Relief Insights

The Ninth Circuit Court of Appeals recently held that a mortgage servicer has a permissible reason for pulling consumer reports of three borrowers for whom the company had serviced two mortgages despite the borrowers’ personal liability for the mortgages being discharged in bankruptcy. More particularly, the servicer was granted the right to access the borrowers’…

A new Consolidated Appropriations Act was signed into law at the end of December 2020. Among its thousands of pages, it includes several new bankruptcy provisions for businesses in what is referred to as the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. Additional bankruptcy relief provisions are located in a miscellaneous section…

On December 1, 2020, several amendments to the Federal Rules of Bankruptcy Procedure took effect. These amendments had the primary effect of modifying the rules addressing bankruptcy appeals as well as making some other noticeable changes. If you are considering filing for bankruptcy, it is not necessary to learn each of these revisions, but it…

The new Subchapter V of Chapter 11 of legislation known as the Small Business Reorganization Act of 2019 became effective on February 19, 2020. Shortly after the act was passed, the COVID-19 pandemic began to impact the country. In recognition of the pandemic, the Coronavirus Aid Relief and Economic Security (CARES) Act was passed on…

The bankruptcy process is available to both consumers as well as businesses that cannot pay their debts and want to find a way to regain control of financial obligations. Consumer bankruptcy often takes one of two forms. Chapter 7 bankruptcy involves the liquidation of a person’s non-exempt assets into funds that are used to pay…

People who file for Chapter 7 bankruptcy must meet certain income qualifications. In most  cases, debtors who fail to meet income requirements do not qualify for Chapter 7. People with higher income levels often must pursue a repayment plan under Chapter 13 to take control of debt. People who are currently unemployed or who have…

No two bankruptcies are the same. While there are some cases where the person or business pursuing bankruptcy must liquidate assets as in Chapter 7 bankruptcy, other times a person might end pursuing Chapter 13 bankruptcy which means they need not worry about selling anything. Instead, Chapter 13 bankruptcy involves restructuring and reducing the amount…

What Changes to California’s Homestead In a recent poll conducted by TheTrackr.com, 29% of Americans reported that their home was their most valuable asset. Homeownership plays a critical role during the bankruptcy process. The role that homeownership plays in the bankruptcy, however, is about to change substantially due to legislation that has been passed by…

Estate planning is critical for everyone, but if you own real estate, proper estate planning is particularly important. Without adequate planning, your surviving loved ones can be left to face substantial estate taxes without the ability to pay these debts. Through the use of proper estate planning, however, it is possible to maintain assets for…

Many people look at marriage as one of the momentous events in their life. If you or your fiancee is struggling with debt and debating whether to file bankruptcy, however, your situation can easily turn into a confusing one. You might even be wondering whether it is a good idea to file for bankruptcy or…