Latest Legal Insights for Bay Area Residents

Many of us dream of living the life of the rich and famous. With all that money, what problems could we possibly have? Well, one look at the tabloid magazines will tell us a different story, but for those of us facing mounting debt, trading in our money problems for tabloid problems might not sound…

In a landmark decision, the United States Supreme Court held in U.S. v. Windsor, that the Defense of Marriage Act or DOMA as it is commonly referred to, is unconstitutional under the Equal Protection Clause of the United States Constitution. Under the Defense of Marriage Act, marriage was defined for all federal purposes as the…

The Ninth Circuit Court of Appeals case of In Re Gebhart illustrates just how high the stakes can be in bankruptcy and why it is so important that you have experienced bankruptcy counsel representing you. As an experienced Oakland bankruptcy attorney, the case of In re Gebhart is one I take very seriously. The Gebhart…

In what can only be described as frustrating for Bankruptcy Judges, the Ninth Circuit recently expanded the limitations on bankruptcy judge’s ability to enter final judgments in certain situations. Taking their cue from the Supreme Court’s decision in Stern v. Marshall, which held that bankruptcy courts lack certain Constitutional authority to make a final decision…

Many Credit Reports Contain Costly Errors One of the most common effects of living with the constant stress of too much debt is the eventual inability to even deal with one’s financial situation. As a bankruptcy attorney, I have talked to and counseled countless clients who have told me that after a certain point they…

Every day there is more and more talk about how the economy is on the path to recovery. The recession is over and good times are ahead. This is great news, except that for the typical American worker, the future is not so bright. The truth is that while the DOW is at an all-time…

In an effort to curb abusive bankruptcy filings, Congress in 2005 passed BAPCA, the Bankruptcy Abuse Prevention and Consumer Protection Act. BAPCA established what is known by bankruptcy practitioners as the “Means Test.” The means test, through the use of a strict formula that incorporates a debtor’s actual expenses with standard expenses for the area…

The housing crash has left many people wondering what to do with homes that are now so far underwater they may never recover their former equity. To add insult to injury, many of these homeowners cannot afford to pay the mortgage on these underwater homes. This combination of factors has led many people to explore…

A former Mets baseball player, Lenny Dykstra, has plead guilty to bankruptcy fraud, concealment of assets, and money laundering all stemming from a bankruptcy case he filed to get out from under over $31 million in debt. As punishment for these crimes, Mr. Dykstra was facing up 20 years in federal prison but received only…

For those of you who have had to deal with the stress and anxiety associated with receiving a call from a debt collector, this blog is for you. The only thing worse than the constant stress and anxiety associated with the inability to make ends meet is receiving a phone call from someone you’ve never…