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In December 2020, a Delaware bankruptcy court held that the term “financial participant” as used in the safe harbor provisions of Section 546(e) of the Bankruptcy Code does not unequivocally exclude debtors. The Delaware court’s ruling is notable because it marks a split from a 2019 Southern District of New York court ruling. The Issue […]

The Supreme Court of the United States recently examined whether a creditor is required to turn over property of a bankruptcy estate to a debtor or trustee under the Bankruptcy Code’s automatic stay provision if the creditor lawfully possessed the property before bankruptcy was initiated and only passively possessed the property afterward. In this case, […]

Both Senator Warren and Congressman Nader recently introduced the Consumer Bankruptcy Reform Act, which has been received as the biggest alteration of the United States Bankruptcy Code since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. While the chance of the Act becoming law is low, the Act represents an interesting suggestion of […]

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 […]

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 the California state legislature and […]

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 […]

Despite the economic downturn brought on by the coronavirus pandemic, low mortgage rates remain an attractive option for many people considering buying a house. Even if you are in the middle of a Chapter 13 bankruptcy repayment, you might still be able to obtain a mortgage loan and buy a new home. While there are […]

If you are worried that bankruptcy will wipe out your retirement savings, the good news is that retirees often can keep their retirement savings even if they have substantial debt. This is because bankruptcy law exempts most retirement accounts from bankruptcy.    While every state has its own bankruptcy code, California law often views social […]

An automatic stay is one of the critical parts of filing bankruptcy. The stay stops most collection efforts against a debtor as soon as that individual files for bankruptcy. These orders exist without the need for a court order. To give you a better idea of the role that the automatic stay plays in a […]

Facing a large amount of debt often feels overwhelming. Beside uncertainty about how you will make your monthly payments, it is also common to feel uncertain about what your future holds. While many people think that bankruptcy can help, they are afraid of undergoing the process when they are not sure if it is the […]

No business owner wants to file for bankruptcy. If you have to engage in this process, however, there are some critical pieces of information that you should know. Understand that in the right cases, bankruptcy can be invaluable. An experienced business bankruptcy lawyer can help you determine whether bankruptcy is the best option for your […]

Business owners have a lot to juggle, even in bankruptcy. If you are a business owner who rents business space and recently filed for bankruptcy, you are likely curious about how bankruptcy will impact your commercial lease. There are several critical issues to consider in this situation, and how your lease will be impacted depends […]

If you are navigating the bankruptcy process, you have likely heard multiple people refer to bankruptcy schedules. Overwhelmed debtors are often confused about exactly what role schedules play in their bankruptcy process. Schedules are the primary forms that debtors rely on to provide their financial details, which play a vital role in navigating the bankruptcy […]