Blog

Using Bankruptcy to Stop Litigation and Lawsuits

Recently I have been contacted by many attorneys and parties involved in litigation in state and federal court. Either the defendant wants to know if filing bankruptcy can help stop the litigation and discharge the liability, or plaintiff wants to know if the threat by someone to file bankruptcy before[…..]

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Can I shut down my business and start a similar business in California?

Sure you can, but what if your business is in trouble? I talk with a lot of business owners who are struggling. The business is not doing well, but it’s what the owner knows, and wants to continue to do. As the business becomes saddled with debt, the owner will[…..]

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The New Problem of Home Equity and Lower Wages

This picture is what happened in 2008. Now I need someone to make a picture with a house crushing the piggybank. As one would expect, my clients’ range of problems is often tied to current economic trends. In 2008-2012, most clients lost most or all equity they had in their[…..]

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The Current Debate Over Student Loans in Bankruptcy

I belong to the National Association of Bankruptcy Attorneys (NACBA), and we talk amongst ourselves quite a bit about current bankruptcy issues. NACBA is having an internal debate among some members about what to do about student loans. A few thoughts: Administrative Remedies Much of the recent momentum calls for administrative[…..]

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The Bad Side of When Only One Spouse Files Bankruptcy

One spouse, whether married or separated, can file bankruptcy alone, without the consent of the other spouse. Sometimes this is a good thing, because in California, the non-filing spouse can often obtain the benefit of the automatic stay as to themselves or their property, and a community discharge of certain[…..]

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