Orange County Personal Injury and Bankruptcy Blog

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 claims on these contracts are no longer the debtor's legal responsibility. However, a debtor may choose to keep some of his […]

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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 others (most), it's the entire ocean drowning them with each additional dollar of […]

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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, "About 9 months." "I'm in the wrong line of work," I joke. "Ok, so you've paid $5,400 to a debt consolidation company over the last 9 months. […]

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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, including the Supreme Court have tackled their definition. Some have held that any act that was willful shall suffice as satisfying this element. The problem with this definition, said the U.S. Supreme Court, […]

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