Expert Bankruptcy & Debt Relief Insights

Last March, the US saw perhaps the most egregious violation of the automatic stay when a US Bankruptcy Judge in California, Judge Christopher Klein, summed up a debtor’s interaction with Bank of America as a “Kafkaesque nightmare.” In that case, Judge Klein described Bank of America’s actions, with respect to the Automatic Stay under the…

The Fifth Amendment to the United States Constitution provides: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war…

Government statistics regarding bankruptcy filings demonstrate an interesting trend. The trend shows a four-year downward direction and an overall downward trajectory. This table represents filings between 2014 and 2017: Year Total Bankruptcy Filings Business Bankruptcy Filings Consumer (Personal) Bankruptcy Filings 2017 796,037 23,443 772,594 2016 819,159 25,227 793,932 2015 879,736 25,046 854,690 2014 1,000,083 30,113…

There are features of Chapter 7 bankruptcy and Chapter 13 bankruptcy that are similar and some that are quite different. A significant similarity is the automatic stay under Section 362 of the United States Bankruptcy Code, or Code, wherein a bankruptcy filing stays, or stops, creditors from taking collection action against the debtor. When this…

Imagine that two people decide to join forces in a business venture. Person A, who owns a small construction firm, will join Person B, who is a wealthy investor, in trying to obtain exclusive construction contracts with various municipalities around Northern California. Both sides view this business venture as mutually beneficial. Person A will be…

America has a long history of people working the land. In the 1939 book “The Grapes of Wrath” by John Steinbeck portrays the Joads, a family living in the dustbowl in Oklahoma during the Great Depression. To get away from the rampant destitution in their home town, they decide to travel to California in search…

Financial stress can take a toll on relationships. Those in the Bay area may remember a time when, typically, the husband worked a 9-5 job while the wife stayed at home and took care of the children and the house. They would go on family outings on weekends year round. Women who worked often provided…

The Great Recession hit the United States hard. It especially hit the state of California, where one out of 88 houses were in some form of foreclosure. Banks faced an unprecedented number of foreclosures, while consumers saw their home values drop precipitously, with many home values going underwater. This created a frenzy amongst lenders while…

Imagine that a boy grows up watching lawyer shows like Perry Mason, L.A. Law, and Law and Order. He is intrigued by what lawyers do, especially trial lawyers. After years of watching, he is enamored. He has dreams of becoming a prosecutor or a defense attorney. He will appear before a judge and jury and…

People fall deep into debt for many reasons. It could be due to a loss of income, miscalculating future income, improper spending habits, or major life event. To provide a fresh start, the founding fathers created the bankruptcy clause in the Constitution. The bankruptcy concept was further developed over the years to include various chapters…