Southern California Bankruptcy Law Blog

Category Archives: Automatic Stay

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Debt Collectors; Sheriff’s Department Corruption; A Justice’s Nutty Opinion

Posted in Automatic Stay, Debt

This post gathers my thoughts on three eye openers.  Some were in the news, and some I experienced first-hand in my bankruptcy practice.  The common thread among these eye openers is a profound threat to the freedom and wellbeing of the citizenry. I.          Debt Collector Abuses A.        Whole Lotta Collectin’ Goin’ On In the February… Continue Reading

What Happens If I Forgot To List A Creditor In My Bankruptcy Papers?

Posted in Automatic Stay, Chapter 11, Chapter 13, Chapter 7, Debt

The answer differs depending on the nature of the debt and under which chapter the bankruptcy case was filed. I.          The Key Exception To Discharge The key provision of the Bankruptcy Code that we use to answer the question is 11 U.S.C. § 523(a)(3), which states (with emphasis added): A dischargeunder section 727, 1141, 1228… Continue Reading

Home Mortgage Modification And Bankruptcy – Part III

Posted in Automatic Stay, Chapter 11, Chapter 13, Chapter 7, Home Mortgage Modification

I.          The Growth Of Government-Held Debt The managing director of Economics1, a nonpartisan policy-research institute, reports: In reviewing the latest Fed data, Investor’s Business Daily noticed that the total amount of government-financed consumer credit (the vast majority of which is mortgages) stood at $6.3 trillion, just slightly below the private sector’s total, $6.5 trillion.  As… Continue Reading