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Is Avoiding Payment of Debt ‘Bad Faith’ in a Bankruptcy Case?

A model of a human head is on display in a lobby.

[huge_it_video_player id=”4″] Bankruptcy is a tough space.  People and businesses don’t want to file.  Creditors don’t want debts owed to them discharged.  Notwithstanding, this is the system we have in place.  When a bankruptcy is filed, the laws are designed to balance the fresh start contemplated and desired by a debtor with the rights and interests […]

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What happens if I file for bankruptcy and then change my mind? This is one court’s analysis

A pink building with balconies.

[huge_it_video_player id=”3″] Generally, when someone files a chapter 7 bankruptcy case, they rise or fall with their case.  There is no right to voluntarily dismissal of a chapter 7 case (or in a chapter 11 case).  Compare that to a chapter 13 case, where a debtor who files for the first time generally has an […]

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Bankruptcy Debtors Should Not E-Sign Their Papers, says Bankruptcy Court

A debtor signing with an e-signature in a notebook at a table.

Technology is making communicating with each other so much easier.  We can call almost anywhere, text, stream live video.  In the world of court papers and documents, many courts have even adopted e-filing systems.  As technologies move more in the direction of convenience and efficiency, how does the role of ‘wet ink’ signatures change?  At […]

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Bankruptcy FAQ: Can I Possibly Be Arrested for Outstanding Credit Card Debt?

A blurry image of an ambulance at night.

Myths abound when it comes to what creditors may do when it comes to collecting their debt.  For sure, there are documented stories of creditor abuse – but those stories are just that, abuse and possible flagrant violations of law.  I was recently retained by a client to file bankruptcy.  One reason, the client told […]

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Another Decision Limiting the Dischargeability of Tax Liability!

An open book with a page that says 'exemptions to discharge'.

The discharge of tax liabilities can often be a big factor in someone’s decision to file for bankruptcy.  If you can develop a plan so that tax liabilities are discharged in a bankruptcy filing, that can be immense for a debtor (because otherwise tax liabilities remain nondischargeable).  There are tests, however, for when tax liabilities […]

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Homeowners: Keep mortgage servicers accountable in foreclosure cases

San francisco, california - san francisco, california -.

For the many homeowners that have had to deal with foreclosure, or are currently dealing with foreclosure, there is a universal frustration in working with the mortgage servicers.  Countless individuals express frustration at sending documents that are allegedly never received.  Others are shocked by an extension of a trial modification, only to never be converted […]

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Bankruptcy Discharge Injunction NOT applicable to Some Nondischargeable debts

A bankrupt individual standing on a sidewalk with the word

People that file for bankruptcy often expect two things: the protection of the automatic stay when filing, and then the protection of the discharge injunction after they get their discharge.  Another thing many debtors understand when it comes to bankruptcy is that some kinds of debts are nondischargeable, such as student loans or some kinds […]

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