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Blog Posts in February, 2012

CHAPTER 7 - 341(a) MEETING OF CREDITORS - YOUR FIRST (AND GENERALLY) ONLY MEETING

One of debtors' fears when filing for bankruptcy is the fact that they must attend a hearing (sometimes in a courthouse, other times in an office building), but most find that the actual ...
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DEBT: MUST IT RULE YOUR WORLD?

Remember, if you will, a time when credit was issued by local vendors for the purchase of grains and meats or extended on the promise that crop and flock would suffice as adequate consideration. Most ...
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DEBTS INCURRED BY FRAUD AND BANKRUPTCY (ADVERSARY PROCEEDINGS)

It must be stated before starting that proving fraud in a court of law is a difficult proposition (notwithstanding the obvious) because the court must enter the heart and mind of the accused and ...
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DOES FILING FOR BANKRUPTCY MAKE ME A HIGH RISK TO NEW LENDERS AND CREDIT CARD COMPANIES?

Not necessarily. In fact, most lenders (including credit card companies) view post-bankruptcy applicants as low risks for the following reasons: 1) Once a debtor files for Chapter 7 relief and ...
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WILL FILING FOR BANKRUPTCY RUIN MY CREDIT SCORE?

The better question to ask for most people with debt is: does it make a true difference what the actual credit score is? In other words, when individuals have lots of debt, having a good credit rating ...
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DOES A JUDGMENT FOR FRAUD ISSUED BY A STATE COURT ACT AS RES JUDICATA IN A BANKRUPTCY DISCHARGEABILITY PROCEEDING?

Simply put, no. I'll start by stating that fraud and its appendages as found under 11 U.S.C. 523 are nondischargeable debts (meaning they survive bankruptcy). Now we must define res judicata (or ...
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WHY DON'T ATTORNEYS SIGN REAFFIRMATION AGREEMENTS ON BEHALF OF THEIR CLIENTS?

Let's first start with what happens when a debtor files for and is granted a discharge in a Chapter 7 case. In this instance all dischargeable contracts become null and void and any remaining ...
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CHAPTER 7 OR BUST? OVER-MEDIAN DEBTORS

When a client comes to see me, they are usually struggling with debt. Might be a little or a lot; much of it depends on the eye of the beholder. For some, $20,000 in debt is a drop in the bucket; for ...
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DEBT CONSOLIDATION COMPANY VS. BARRIOS & MACHADO - ROUND 1:

Client comes to my office and says, "I've been paying $600/month to a debt consolidation company." I respond with, "How long have you had this problem?" Client answers, ...
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11 USC 523 (a)(6) - EXCEPTION TO BANKRUPTCY DISCHARGE

Speaks of willful and malicious injury to person or property. This a delicate subject because terms such as "willful" and "malicious" are difficult to define. Many courts, ...
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Welcome to our new Orange County Bankruptcy Blog

We are pleased to announce the launch of our new Southern California Bankruptcy Blog with an RSS feed located here.
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