San Jose native Debi Thomas has an impressive resume. She was a pre-med and engineering student at Stanford University; she is a graduate of Northwestern Medical School; she was a trained orthopedic surgeon; she was an Olympic champion and bronze medal winner at the 1988 Winter Games in Calgary; she became the first African-American woman…

You may wonder what recent developments in health care law, such as the Affordable Care Act, have to do with bankruptcy law. CNBC reports that unpaid medical bills are now the most common cause of bankruptcy, outnumbering credit card debt and home mortgages. In 2013, an estimated 650,000 Americans filed for bankruptcy because of their…

A recent decision by the Bankruptcy Appellate panel of the Ninth Circuit shows how difficult it can be for a person who files bankruptcy to discharge a domestic support obligation. Often, parties to a divorce settle on division of property, spousal support, and other items in one settlement. Later, if the party making payments seeks…

Pop Star Aaron Carter Files Sometimes even celebrities need a fresh start. This month, pop star Aaron Carter filed for Chapter 7 bankruptcy. Carter was formerly a child pop star, releasing his first hit single at age 9 and the popular album Aaron’s Party (Come Get It) at age 12. With three platinum albums by…

A recent case from the Ninth Circuit Bankruptcy Appellate Panel illustrates the importance of good faith for a Chapter 13 Bankruptcy Plan. Good faith is an essential element for a Chapter 13 Bankruptcy filer to have their plan approved and to begin repaying their debts. Good faith is not defined in the bankruptcy code, but…

Ninth Circuit Rules Automatic Stay Protects Abandoned Property A recent decision by the Bankruptcy Appellate Panel for the Ninth Circuit Court A recent decision by the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals holds that foreclosure on property after the bankruptcy trustee has abandoned it will violate the automatic stay provisions of…

Court Allows Mortgage Creditor to Continue Legal Actions A recent 9th Circuit decision provides a noteworthy warning to homeowners considering bankruptcy. While bankruptcy may provide troubled homeowners with relief from losing their homes through foreclosure in certain situations, the bankruptcy courts are not an automatic shield. The court’s ruling in In re Alakozai demonstrates this,…

Consumers who make the difficult decision to file for bankruptcy face many challenges. In some cases, one of those difficulties may be posed by aggressive debt collectors. In one New Jersey case, a collector’s letter, which contained numerous alleged defects in violation of federal debt collection laws, placed it in hot water when the 3d…