Southern California Bankruptcy Law Blog

Monthly Archives: January 2015

The Feds Are Fishing For Loan Shark Collectors

Posted in Debt

Many ― but not all ― debt collectors working for loan sharks are alleged humans who do the bidding of the dark side of the force.  I have written about abusive debt collectors several times, in unflattering terms.  It turns out that I’m not the only one who has noticed their abusive tactics.  The feds… Continue Reading

Obamacare And Bankruptcy

Posted in Debt

One of the putative motivations for enacting Obamacare (a.k.a. The Patient Protection And Affordable Care Act; have fun reading it, and make sure you have industrial quantities of coffee on hand) was to ensure that no one would be financially ruined by a health care catastrophe.  After all, many bankruptcies are filed because of massive… Continue Reading

Can The Chapter 7 Bankruptcy Trustee Seize Your Postpetition Commissions?

Posted in Chapter 11, Chapter 7

I recently answered a question posed by a fellow bankruptcy attorney, and thought you might find the discussion interesting. Here’s an edited version of my colleague’s question: A Chapter 7 debtor who is a real estate broker had some listings prepetition.  He opened escrow postpetition, and eventually sold the properties.  He received a $20,000 commission,… Continue Reading

Death And Student Loans

Posted in Debt

I have already written about discharging student loans in bankruptcy.  As I discussed in that previous blog post, although under special circumstances it is possible to discharge them, it is devilishly hard. I recently came across an interesting twist on student loans in the bankruptcy context that I thought might interest you.  The setting:  A… Continue Reading

Liquidation Of An Asset In A Chapter 7 Bankruptcy II

Posted in Chapter 7

I recently received an email that posed an interesting scenario in Chapter 7 bankruptcy liquidation.  Although I have written on the subject of Chapter 7 liquidation I haven’t addressed the specific fact pattern in detail.  This post fills that lacuna. The question posed was a bit long, so I will summarize it.  The questioner asked… Continue Reading