Southern California Bankruptcy Law Blog

Monthly Archives: January 2012

The 2012 Foreclosures, The World And U.S. Economies, And Bankruptcy

Posted in Chapter 11, Chapter 13, Chapter 7, Debt, Foreclosure

Bankruptcy filings should surge in 2012 because the foreclosure pace is picking up speed, and because the world and U.S. economies are not headed for improvement in the near future. I.          Foreclosures In 2012 I haven’t written about foreclosure in a while, but an article in the Thursday Los Angeles Times has given me the… Continue Reading

Does A Debtor Have To Attend The Reaffirmation Hearing?

Posted in Chapter 7, Debt

A fellow attorney recently asked me this question because she had a client who failed to attend the reaffirmation hearing.  As a result, the judge disapproved the reaffirmation agreement.  She wondered if the creditor could now repossess the car.  The short answer is: Yes.  What’s going on here? I.          To Reaffirm Or Not To Reaffirm,… Continue Reading

Involuntary Bankruptcy: What Is It, And Why Would Anyone File One?

Posted in Chapter 11, Chapter 11 for Individuals & Married Couples, Chapter 7, Debt, Small Business Bankruptcy, Small Business Chapter 7

A fellow attorney, but not a bankruptcy attorney, recently asked me this question because he had a business client who wanted to use an involuntary bankruptcy filing to collect money from a judgment debtor.  To answer my colleague’s question we need a little background.  Let’s start with the concept of a voluntary bankruptcy. I.          Voluntary… Continue Reading